Nishan Singh v. State of Punjab

H.S.GREWAL, J.

1.

The instant appeal has been preferred against the judgment of conviction dated 15.05.2004 passed by the learned Sessions Judge, Ludhiana wherein the accused-appellant had been sentenced to undergo rigorous imprisonment for life along with fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 302 IPC.

2.

The case of the prosecution has arisen out of FIR No.32 dated

14.05.2001 under Sections 323, 324, 325 of the IPC, registered at Police Station Raikot, District Ludhiana. The facts of the case are that accused-appellant lived in the paternal house of deceased-Balwinder Kaur for the

last about 10 years. Since Balwinder Kaur had no brother and her father had also expired, the accused-appellant-Nishan Singh used to look after her land and house. About a month prior to the date of occurrence, accused-appellant had asked Balwinder Kaur to sell her share of the land so that he could start his business with that money but she had refused to do so. Therefore, on the night of 8th May, 2001, after finishing her household work, she laid on the cot in the courtyard at about 12:30 in the night when her husband came to her and said that he will see as to how she will not sell the land. Thereafter, he gave a blow with a kulhari (axe) on her head and thereafter blood started oozing from her head. The appellant gave another axe blow from the reverse side which landed on her right arm. She raised alarm and on hearing the same, Karamjit Singh son of Nahar Singh and Iqbal Singh son of Karamjit Singh reached their house and thereafter her husband/appellant ran away from the spot. That on that night, she took medicines from the private doctor at Pandori and in the morning her maternal grand-father Dilip Singh got her admitted in Civil Hospital, Raikot for treatment. She was declared unfit to make statement. Thereafter, on 14.05.2021, she was declared fit to make statement. She got recorded her statement on 14.05.2001 and on her statement, the present FIR was registered on 14.05.2001 under Sections 323, 324 and 325 IPC only and challan was also presented under Section 323, 324 and 325 IPC only. Injured Balwinder Kaur was discharged from hospital on

15.05.2025. Thereafter, on 05.06.2001, Balwinder Kaur-deceased was again admitted to Gurkirat Hospital, Raikot and on 06.06.2001, she was CRA-D-641-DB-2004o(O&M)oooooooooooooo-3-oooooooooo o referredo too Arorao Neuroo Hospital,o Ludhiana,o whereo sheo expiredo ono

13.06.2001o dueo too septicaemia.o o Thereafter,o o ono o theo o statemento ofo deceased'so o maternalo o grandfather,o offenceo undero Sectiono 302o IPCo waso added.oo

3.o o Learnedo counselo foro theo appellanto haso contendedo thato theo convictionoofotheoappellantounderoSectiono302oIPCoisowhollyounsustainableo ino theo lighto ofo theo medicalo evidenceo ono record.o Itoiso submittedo thato theo primaryoallegationoofotheoprosecutionowasothatotheodeceasedosufferedoaofatalo axeoblowoonoheroheadoatotheohandsoofotheoappellant.oHowever,otheomedicalo evidence,oparticularlyotheopostmortemoreporto(Ex.PE)oandotheotestimoniesoofo theomedicaloexperts,ocategoricallyorevealothatotheocauseoofodeathowasonototheo allegedoinjuryobutosepticaemiaoresultingoinomulti-organofailure.oDr.oRipano Miglanio (PW-9)o clearlyo deposedo thato theo deceasedo waso admittedo foro treatmento ofo urinaryo tracto infectiono ando noto foro heado injury,o whicho waso treatedoelsewhereoandofoundotoobeonormaloonoMRIoscan.oFurther,oPW-1oDr.o HarinderoSharma,owhooconductedotheoopostmortem,oopinedoothatoowhileootheo injuryooonotheooheadocouldoohaveoobeenocausedoobyooaookulhario(axe),otheo actualocauseoofodeathowasosepticaemia,owhichoodevelopedoaboutoaomontho aftero theo injury,o ando cannoto beo directlyo attributedo too theo incidento datedo

08.05.2001.oItoisofurtherosubmittedoothatootheoinitialoFIRoowasoregisteredooonlyoo undero Sectionso 323,o 324,o ando 325o IPC,o ando o eveno theo o challano o waso presentedo undero theo sameo sections.o Ito waso onlyo aftero theo o deatho ofo theoo deceasedooono13.06.2001othatoSectiono302oIPCowasoaddedobelatedly,obasedoo onotheostatementooofootheoomaternalograndfatherooandoonotooonooanyodirecto POONAMgRATHORE 2025.08.04g11:14 Igattestgtogthegaccuracygand authenticitygofgthisgdocument HighgCourtgChandigarh medicalolin3obetweenotheoin&uryoandotheodeath.o eofurtherosubmitsothatothereo areomaterialocontradictionsobetweenotheoocularoandomedicaloevidence!oaso welloasotheohostilityoofo3eyoeyewitnessesoP+'4oandoP+'/.oo eohasoplacedo relianceo upono theo &udgmentso ofo theo Supremeo Courto ino B.N.o Kavatakaro versusoStateoofoKarnataka,o1994o(Supp1.)oSCCo304oandoDevoRajoversuso StateoofoPunja ,o199!o(1)oRCRo(Cr"#"na$)o%&%.o

1.o o 5notheootherohand!olearnedoStateocounsel!ohasocontendedothato theo&udgmentopassedobyotheolearnedoCourtobelowoisowell'reasonedoandobasedo onoproperoappreciationoofofactsoandoevidence.o6heocontentionsoraisedobyotheo learnedo counselo foro theo appellant"s%o areo misplacedo ando doo noto re7uireo interferenceobyothisoCourt.

¶5To prove its case, the prosecution had examined as many as 10 witnesses. PW-1 Dr. Harinder Sharma, who had conducted the postmortem on the person of the deceased was examined as PW-1.

¶6Satish Kumar Draftsman, was examined as PW-2 who had prepared the scaled site plan Ex.PD.

¶7Dalip Singh, maternal grandfather of the deceased, was examined as PW-3. He had deposed that he reached the spot in the night of th8 May, 2001 on being telephonically informed and he reached Dhoorkot on 06:30 A.M., thereafter he took Balwinder Kaur from Civil Hospital, Raikot to their house on 08.05.2001 and she was in her senses at that time.

¶6PW-4 Dr. Manbir Singh, Gurkirat Hospital, Raikot had deposed regarding admission of the deceased on 05.06.2001 and her discharge on 06.06.2001.

8.

ASI Mohd. Jamil appeared as PW-5 and deposed regarding the investigation carried out in the case.

9.

PW-6 Dr. Nazir Singh, Medical Officer, had examined Balwinder Kaur on 09.05.2001 at Civil Hospital, Raikot and deposed regarding the injuries suffered by the deceased.

10.

PW-7-Iqbal Singh and PW-8 Karamjit Singh were introduced by the prosecution as eye-witnesss, however, both were turned hostile.

11.

PW-9-Dr.Ripan Miglani, Medical Officer in DMC Hospital, Ludhiana had examined the deceased at Arora Neuro Centre, Ludhiana.

12.

PW-10 Nirmal Singh, Head Constable, Police Staion Raikot, had appeared as a recovery witness.

13.

We have heard learned counsel for the parties and perused the relevant material placed on record.

14.

The prosecution claims that the deceased-Balwinder Kaur died as a result of an axe blow on her head, but the medical evidence indicates otherwise.

15.

PW-6 Dr. Nazir Singh, Medical Officer, Civil Hospital, Raikot has described the injuries as follows: "1. Incised wound of 6 cm x 1 cm. bone deep was present on the right side of top of head.7 cm away from the interior hair line. Clotted blood was present.X-ray was advised. Injury was kept under obseration.

¶2Red contused swelling of 1.5 cm.x 1 cm was present at the dorsal surface of right wrist joint of hand X-ray was advised."

16.

However, PW-9 Dr. Ripan Miglani, Post Graduate in DMC Hospital, Ludhiana, working at Arora Neuro Centre, Ludhiana has stated that the patient was admitted with Urinary Tract Infection and for head injury, she was treated elsewhere. He has also stated that MRI scan of the head and the report of the Radiologist revealed that the head injury was normal. It is clear from the postmortem Ex.PE conducted by Dr. Harinder Sharma PW-1 that the cause of death in the opinion of the doctor was due to septicaemia resulting in multi-organ failure. He has also stated that death of Balwinder Kaur may have been caused due to injury No.1 on the person of deceased caused by a kulhari (axe) blow, however, he has categorically stated that the cause of death is due to septicaemia leading to multi-organ failure.

17.

It is an admitted case of the prosecution that injury was caused on 8th May, 2001, FIR was registered on 14.05.2001 and the deceased was discharged from hospital on 15.05.2001. Deceased was again admitted in hospital on 06.06.2001, however, it was due to urinary tract infection and not due to the injuries suffered on the head and thereafter, she died on 13th June, 2001 due to septicaemia. Therefore, although the injury was a sharp blow on the head and it was bone deep but it was not the cause of death and that too after more than one month. It CRA-D-641-DB-2004o(O&M)oooooooooooooo-7-oooooooooo o waso dueo too someo infectiono ino theo bodyo whicho resultedo ino septicaemiao leadingotooherodeath.o

18.o o Afterocarefullyoexaminingotheoentireomaterialoonorecordoando hearingotheoargumentsoadvancedobyolearnedocounseloforotheoparties,othiso Courtoisoofotheoconsideredoviewothatotheoprosecutionohasofailedotooestablisho theochargeounderoSectiono302oofotheoIndianoPenaloCodeoagainstotheoaccused-appellantobeyondoreasonableodoubt.oItoisoevidentofromotheomedicaloevidence,o particularlyo theo postmortemo reporto (Ex.PE)o ando theo depositionso ofo theo medicaloexperts,othatotheodeceasedoBalwinderoKaurodidonotodieoasoaodirecto resultoofotheoinjuryoallegedlyoinflictedobyotheoappellantoono08.05.2001.oTheo causeoofodeath,oasoperotheomedicaloopinionoofoPW-1oDr.oHarinderoSharma,o wasosepticaemiaoresultingoinomulti-organofailure,owhichodevelopedonearlyoao monthoafterotheoallegedoincident.oAlthoughoitowasoopinedothatoinjuryoNo.1o couldohaveobeenocausedobyoaokulhario(axe),oitowasonotostatedotoobeotheodirecto oroproximateocauseoofodeath.o

19.o o Furthermore,oPW-9oDr.oRipanoMiglanioclearlyodeposedothatotheo deceasedowasoadmittedotooAroraoNeurooCentreoforourinaryotractoinfection,o andothatotheoMRIoscanoofotheoheadowasonormal,oindicatingonoolastingoorofatalo consequenceofromotheoearlieroinjury.oInoaddition,obothoallegedoeyewitnesses,o PW-7o Iqbalo Singho ando PW-8o Karamjito Singh,o wereo declaredo hostile,o therebyofurtheroweakeningotheoprosecution'socase.o

20.o o Ito iso alsoo significanto too noteo thato theo FIRo waso initiallyo registeredounderoSectionso323,o324,oando325oIPC,oandoonlyoafterotheodeatho ofotheodeceasedoandobasedoonotheostatementoofotheomaternalograndfather,oo POONAMgRATHORE 2025.08.04g11:14 Igattestgtogthegaccuracygand authenticitygofgthisgdocument HighgCourtgChandigarh CRA-D-641-DB-2004o(O&M)oooooooooooooo-8-oooooooooo o Sectiono302oIPCowasoaddedobelatedly,owithoutoanyoconcreteomedicalonexuso toosupportosuchoenhancement.o

21.o o Ino viewo ofo theseo materialo inconsistencies,o contradictionso betweeno medicalo ando ocularo versions,o ando theo absenceo ofo conclusiveo evidenceo establishingo ao directo linko betweeno theo injuryo ando theo death,o ito cannoto beo saido witho certaintyo thato theo deatho ofo Balwindero Kauro waso homicidaloinonatureoattributableotootheoactoofotheoappellant.o

22.o o Accordingly,otheoappellantoNishanoSinghoisoacquittedoofotheo chargeo undero Sectiono 302o IPC,o byo givingo himo theo benefito ofo doubt.o However,obasedoonotheoevidenceoofoinjuryosustainedobyotheodeceased,otheo offenceounderoSectiono325oofotheoIPCoisomadeooutoagainstotheoappellant.o Therefore,oheostandsoconvictedounderoSectiono325oofotheoIPC.oTheoappellanto haso undergoneo ao periodo ofo 5o years,o 3o monthso ando 1o dayo ofo custody.o Therefore,okeepingoinoviewotheocustodyoperiodoundergoneobyotheoappellanto underoSectiono325oofotheoIPC,otheosameoisoreducedotootheoperiodoheohaso alreadyoundergone.oo

23.o o Criminaloappealostandsodisposedoofoaccordingly.o o o (MANJARIoNEHRUoKAUL)o o oooooooooooooooooooooooo(H.S.GREWAL)o o oooooooJUDGEo o o o o oooooooooooJUDGEo o Julyo28,oo2025ooooooooo o oooooooo o ooooooo oooo oo o poonamo o o o Whetherospeaking/reasoned:o o Yes/Noo o o o Whetheroreportable:o o o Yes/Noo POONAMgRATHORE 2025.08.04g11:14 Igattestgtogthegaccuracygand authenticitygofgthisgdocument HighgCourtgChandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-641-DB-2004 (O&M) Date of decision: 28.07.2025 Nishan Singh ....Appellant V/s State of Punjab ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S.GREWAL Present: Mr.P.B.S.Goraya, Advocate, for the appellant. Mr.H.S.Deol, Sr.DAG, Punjab. *****