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2013 Supreme(P&H) 1511
PUNJAB & HARYANA HIGH COURT
M.Jeyapaul, Inderjit Singh, JJ.
Kali - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal No. 912-DB of 2008
Decided On : 27-05-2013
For the Appellant:- Ms. Geeta Sharma, Advo#31;cate.
For the Respondent:- Mr. B.S. Bhalla, Additional Advocate General, Punjab.
Reliability of witness testimony and challenges faced by witnesses in heinous crime cases.
Headnote:
Indian Penal Code - Murder - Section 302 - Summary
Fact of the Case:
The accused was convicted for murdering a woman by inflicting multiple injuries with a dagger. The prosecution's case was supported by the victim's mother and the recovery of the weapon.
Finding of the Court:
The court found the evidence of the victim's mother to be reliable and trustworthy, and noted the absence of evidence regarding the accused's alleged amputation. It also highlighted the lack of independent eyewitnesses and the challenges faced by witnesses in heinous crime cases.
Issues: Reliability of witness testimony, absence of independent eyewitnesses, and the accused's alleged physical limitation.
Ratio Decidendi: The court relied on the reliability of the victim's mother's testimony, the absence of evidence regarding the accused's alleged physical limitation, and the challenges faced by witnesses in heinous crime cases.
Final Decision: The appeal was dismissed, confirming the judgment of conviction and sentence recorded by the trial Court.
1. Accused Kali was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- and in default to undergo a further period of one year rigorous imprisonment.
2. Aggrieved by the judgment of conviction and sentence passed by the trial Court he has preferred the present appeal.
3. It is the case of the prosecution that Soma Rani (since deceased) was married to one Binder Singh. Soma Rani and Binder Singh stayed in the house of PW5 Manjit Kaur after the demise of the husband of Manjit Kaur. PW5 Manjit Kaur and Soma Rani used to do domestic work in different houses to make both ends meet. On 7.8.2006 at about 2.30 P.M., PW5 was returning to her house after completing the domestic work in various houses. When her daughter Soma Rani reached near the State bank of India building located in Street No. 2, the accused Kali who was hiding himself nearby emerged over there and caught hold of Soma Rani by her hair and inflicted six or seven blows with a Dagger and as a result of which she fell down on the ground and died. Accused Kali fled away from the spot with the weapon of offence.
4. PW5 Manjit Kaur suffered a statement Ex.P6 to PW6 ASI Kuldip Chand. A formal First Information Report was registered based on such a statement of PW5. PW6 proceeded to the scene of occurrence along with PW5, held inquest and prepared report Ex.P7. The dead body of Soma Rani was consigned to the Civil Hospital, Ferozepur for performing autopsy. PW3 Dr. T.D. Gupta, Medical Officer attached to Civil Hospital, Ferozepur conducted post mortem examination on the dead body of Soma Rani on 7.8.2006. He found the following injuries on the dead body of Soma Rani :-
1. Incised wound 3.5 cm x 1 cm present 6.5 cm toward right of umbilicus. On dissection the underlying tissues were congested and infilterated with blood. On further dissection the wound was found to be communicated with abdominal cavity and the part of the upper small intestine was found punctured and lower part of the stomach was also found punctured. Abdominal cavity contained about 200 Mls of blood. All the tissues were found infliterated with blood and congested.
2. Incised wound measuring 2.5 cm x 2 cm present over the right side of the lower abdomen. 13 cm from umbilicus and intestinal part was seen coming out of it. On dissection the underlying tissues were found congested and infilterated with blood. On further dissection the part of small intestine was found punctured.
3. Incised wound measuring 1 cm x 1 cm on the left side of lower abdomen, 9 cm from the left anterior superior iliac spine.
4. Incised wound 4 cm x 3 cm at the upper part of the anterior aspect of left fore-arm.
5. Incised wound 4 cm x 2 cm at the upper and lateral part of left fore-arm, 11 cm from olicrenan.
6. Incised wound of 3 cm x 1 cm at the back of left forearm, 10 cm below the olicrenan.
7. Incised wound of 5 cm x 2 cm, 12 cm below the olicrenan on the back of left fore-arm.
8. incised wound of 5 cm x 3 cm on the back left arm 11 cm above the olicrenan.
9. Incised wound 3 cm x 2 cm on the outer aspect of right upper part of right fore-arm, 11 cm from olicrenan.
5. He opined that the deceased had died due to hemorrhage and shock on account of the injuries she sustained in the vital organs.
6. PW6 arrested the accused and on the basis of disclosure statement Ex.P9 suffered by the accused the Dagger which was already washed after use in the offence was recovered under memo Ex.P10. After completing the investigation, PW6 laid final report as against the accused.
7. The accused set up a plea in his statement under Section 313 Cr.P.C. that a false case was foisted on him as PW5 suspected that the accused had maintained illicit relationship with the deceased Soma Rani.
8. The trial Court having heavily relied upon the evidence of PW5 and the recovery of the weapon on the basis of disclosure statement suffered by the accused and the medical evidence on record r
