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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Ajay Tewari, Harnaresh Singh Gill, JJ.
Navdeep Singh - Appellant
Versus
State Of Punjab - Respondent
Criminal Appeal No. 889 of 2015
Decided On : 20-12-2019
Conviction Appeal - Murder - Sections 302 IPC - Summary of Acts and Sections: The court discussed the Evidence Act, 1872, and Section 106, and relied on medical evidence and circumstantial evidence to establish the guilt of the appellant. The recovery of the datar, extra-judicial confession, and tuft of hair were key pieces of evidence. The court also highlighted the lack of explanation for the injuries sustained by the appellant and the non-production of crucial evidence.
Fact of the Case:
The appellant, a soldier, was convicted for the murder of his wife, who was found dead in his car with sharp injuries. The appellant and his father were arrested, and the trial court primarily relied on the recovery of the datar and blood-stained clothes, invoking Section 106 of the Evidence Act, 1872.
Finding of the Court:
The court found that the injuries sustained by the appellant were unexplained by the prosecution, and the tuft of hair found in the deceased's hand was not satisfactorily linked to the appellant. The non-production of crucial evidence and the false stand of a key witness led to the appellant's benefit of doubt and subsequent acquittal.
Issues: The key issues revolved around the sufficiency and reliability of the evidence, including the recovery of the datar, extra-judicial confession, and tuft of hair, as well as the unexplained injuries sustained by the appellant.
Ratio Decidendi: The court held that the injuries sustained by the appellant were unexplained, and the tuft of hair evidence was not satisfactorily proven. The non-production of crucial evidence and the false stand of a key witness led to the appellant's benefit of doubt and subsequent acquittal.
Final Decision: The appeal was allowed, the conviction was set aside, and the appellant was ordered to be released from jail forthwith.
JUDGMENT
Ajay Tewari, J. - This appeal has been filed against the judgment of conviction and order of sentence dated 27.04.2015 whereby the appellant has been convicted under Sections 302 IPC in FIR No.72 dated 19.07.2011 registered at Police Station Sadar Ropar. The sentence awarded to the appellant is as under:-
| Under Section | Sentence |
| Under Section 302 IPC | To undergo Life Imprisonment and also to pay fine of Rs. 10,000/- (ten thousand) and in default of payment of fine to further undergo rigorous imprisonment for three months. |
2. Appellant Navdeep Singh was a young soldier of 25 years in the Indian Army. He was married to deceased-Harinder Kaur in the last part of the year 2010 and had come to his village for leave of one month and was to return back on 19.07.2011. On the night intervening 18th and 19th July, 2011 he and his wife were returning from Chandigarh. At about 12.30 AM the complainant-father-in-law of the appellant received a call from the mother of the appellant informing them about some mishap and that they were going to the Ropar Hospital. The complainant along with his wife, sister-in-law and nephew reached the Hospital Ropar where the appellant was admitted in emergency in an injured condition. The medical record of his admission to the hospital at Ropar is exhibit DW 5/A as per which at about 02.05 AM he was brought by his father in an unconscious condition with the following injuries :-
1. Incised wound 6cm x cm x 1 cm Rt. occipital region of skull.
2. Incised wound cm x .3cm x .3cm occipital region.
3. 8 cm bruise mark on right side of neck and difficulty in breathing."
3. He was given first aid and referred by the doctor to the PGI where he was taken by his father and some other persons and as per document exhibit DW 5/A he was admitted there at 04.26 AM and at that time it was found that he had an injury on the right side of the scalp which was 5 cm in length and was sutured. (Thereafter he was admitted to the Command Hospital, Chandigarh and was discharged and returned to his unit on 20.07.2011). The complainant along with his aforementioned companions reached village Magror near brick kiln, where Swift Car bearing registration No.PB-12-N-1195 belonging to the appellant was lying parked on the road in which the dead body of the victim was lying on the front passenger seat. There were injuries caused with sharp edged weapons on her neck. In the FIR the complainant alleged that some un-known persons had caused the death of his daughter and injuries to his son-in-law.
4. On the examination of the spot the police found the following :-
(i)Blood stained turban
(ii)Black colour Fifti alongwith hairs of head
(iii)Blood stained patka
(iv)One spectacle having white lenses
(v)A pair of boot of muddy colour on which make tracer was written.
(vi)A white colour button stained with blood has been recovered which was lying near the feet of deceased.
(vii)Hairs of head were picked up which were lying caught in the left hand of the deceased.
(viii)Hairs of head were picked up which were lying on the metteled (pacca) road near the door of driver side of Swift Car.
(ix)Front glass of car was in broken condition and blood stains were lying on the glass and the driver seat and front adjoining seat of driver seat are totally smeared with blood and blood stain and hairs are lying in the whole inner part of the car.
(x)Hairs of head lying in between the driver seat and its adjoining seat of the car.
(xi)Marriage card and photograph.
(xii)Clothes of accused and mobile phone was recovered.
(xiii) Blood stained datar.
Photographs were also taken which were marked as Exhibit PW-10.
5. On 20.07.2011 the appellant was nominated as an accused and was arrested. Sukhwinder Singh father of the appellant was also nominated as accused in this case due to his role played in destruction of evidence of the case and was
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