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2012 Supreme(P&H) 1820
PUNJAB & HARYANA HIGH COURT
Satish Kumar Mittal, Inderjit Singh, JJ.
Sulakhan Singh - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal No. D-903-DB of 2002
Decided On : 04-12-2012
Ms. Ritu Punj, Addl. Advocate General, Punjab, for the respondent-State.
The central legal point established in the judgment is the importance of proving motive, assessing the credibility of witness testimonies, and interpreting medical evidence in criminal cases.
Headnote:
Motive - Criminal Law - Section 302 IPC - Summary of Acts and Sections: Section 302 IPC - The court discussed the motive behind the occurrence, the evidence of the prosecution, the defense version, and the reliability of the child witness. The court emphasized the importance of proving motive and the credibility of witnesses in criminal cases. The interpretation of medical evidence and the reliability of the defense version were crucial in influencing the court's decision.
Fact of the Case:
The appellant was convicted and sentenced for the murder of his wife, Karamjit Kaur, due to a dispute over the adoption of their child. The prosecution presented evidence of motive, witness testimonies, and medical evidence to support the charge.
Finding of the Court:
The court found the motive for the occurrence was duly proved by the prosecution, and the defense version was not supported by credible evidence. The court also deemed the child witness as trustworthy and reliable, emphasizing the importance of her testimony in establishing the guilt of the appellant.
Issues: The key issues revolved around proving the motive for the murder, assessing the credibility of witness testimonies, and evaluating the defense's version of events.
Ratio Decidendi: The court emphasized the significance of proving motive in criminal cases and highlighted the reliability of witness testimonies, especially that of the child witness. The interpretation of medical evidence played a crucial role in rejecting the defense's version of events.
Final Decision: The appeal was dismissed, and the appellant was directed to surrender for completing the remainder of the sentence.
Appellant Sulakhan Singh has preferred the present appeal against the judgment and order of sentence dated 09.10.2002, passed by the Sessions Judge, Bathinda, vide which he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 302 IPC.
Brief facts of the prosecution case are that the FIR was registered on the statement of Dalip Singh, uncle of deceased Karamjit Kaur, recorded at 10:00 a. m. on 31.07.2000 by Sub Inspector Major Singh, SHO, Police Station Maur. The complainant mainly stated that after the death of his brother Nazar Singh, his daughter Karamjit Kaur, aged about 35 years was married with Sulakhan Singh. She was married about sixteen years back. From their wedlock, six children were born. Last male child, who was aged about two months, was given by accused Sulakhan Singh in adoption to his mother's sister's son namely Jarnail Singh about twenty days ago. The child was given without the consent of Karamjit Kaur due to which there was a quarrel between Karamjit Kaur and Sulakhan Singh. On 30.07.2000, in the morning, his wife Basant Kaur, his sister Surjit Kaur and his mother's sister's daughter-in-law Chand Kaur had visited village Kutiwal Kalan and they were also quarreling at that time. They all went away after advising them. On 30.07.2000 at about 9:00 p. m., they received a message that Karamjit Kaur has been murdered by her husband Sulakhan Singh at about 6:00 p. m. Due to darkness in the night, they could not turn up. On 31.07.2000, the complainant alongwith his nephew Naib Singh and other villagers reached at village Kutiwal Kalan where the dead body of Karamjit Kaur was lying in the courtyard of her house. Motive behind the grudge is that Sulakhan Singh had given his son in adoption to his mother's sister's son without the consent of Karamjit Kaur (deceased) and due to that Karamjit Kaur was angry and was quarrelling with Sulakhan Singh. When complainant and his nephew were going to report the matter to the police, police party met them and statement of complainant Dalip Singh was recorded. Ruqa was sent to the police station on the basis of which FIR was registered. Then the Investigating Officer alongwith complainant Dalip Singh, Naib Singh and other police officials reached the spot. Inquest report Ex. PK was prepared and the dead body was sent for postmortem examination. Rough site plan was prepared and statements of witnesses were recorded. Accused was arrested on 05.08.2000. After the necessary investigation, challan against the accused was presented before the Court.
On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr. P. C. Finding a prima facie case against accused, he was charged for the offence under Section 302 IPC to which he pleaded not guilty and claimed trial.
The prosecution, in support of its case, examined PW1 Dr. Deepak Rai, Medical Officer, who mainly deposed regarding conducting the postmortem examination on the dead body of Karamjit Kaur on 31.07.2000. He found the following injuries on her person:-
1. Single bruise brownish in colour on right side of neck. Lateral and above the adam's apple, three bruises on left side of neck, one below the other brownish in colour. Lateral to adam's apple.
It was dead body of 35 years old female moderately built, wearing kameez, salwar, red and white printed, dupatta, badami in colour around the neck, ring in right finger and coca in left nostril. Postmortem staining fully developed on back. Rigor mortis fully developed, eyes closed, pale swollen and cyanosed mouth, partially opened, tongue tip bitten with teeth, teeth impression on tongue present. Tongue swollen, hands clinched bilaterally. Lips and nails cyanosed, blood coloured froth from nostrils and mouth present (from left edge of the mouth). Pupils dilated, pet
