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Sukhvir Singh And Anr vs State Of Punjab on 19 March, 2019

CRA-D-382-DB of 2010 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRA-D-382-DB of 2010
Reserved on : 15.03.2019
Date of decision : 19.03.2019

Sukhvir Singh alias Sukha and another
…. APPELLANTS
Versus
State of Punjab
….. RESPONDENT

CORAM :- HON’BLE MR. JUSTICE RAJIV SHARMA
HON’BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Ritesh Pandey, Advocate,
for the appellant.

Mr. S.P.S. Tinna, Addl. A.G., Punjab.
***

RAJIV SHARMA, J.

1. This appeal is instituted against judgment and order dated

25.02.2010, rendered by learned Additional Sessions Judge, Fatehgarh

Sahib, in Sessions Case No. 49/19.12.2008, whereby appellants Sukhvir

Singh alias Sukha and Surinder Patel, who were charged with and tried for

the offences punishable under Section 302, 363, 376, 201, 177 of the Indian

Penal Code, were convicted and sentenced as under :-

Name of appellant Sentence
Sukhvir Singh alias Sukha Under
Section 302 IPC

To undergo imprisonment for life and to pay
a fine of ` 20,000/-.

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CRA-D-382-DB of 2010 2

Name of appellant Sentence

-Do- Under Section 363 IPC

To undergo rigorous imprisonment for
seven years and to pay a fine of ` 5,000/-. In
default of payment of fine, to further
undergo rigorous imprisonment for six
months.

-Do- Under Section 376 IPC

To undergo imprisonment for life and to pay
a fine of ` 10,000/-.

-Do- Under Section 201 IPC

To undergo rigorous imprisonment for
seven years and to pay a fine of ` 5,000/-. In
default of payment of fine, to further
undergo rigorous imprisonment for six
months.

-Do- Under Section 177 IPC
To undergo rigorous imprisonment for six
months and to pay a fine of ` 1,000/-. In
default of payment of fine, to further
undergo rigorous imprisonment for one
month.

Surinder Patel Under Section 302 IPC
To undergo imprisonment for life and to pay
a fine of ` 20,000/-.

-Do- Under Section 363 IPC
To undergo rigorous imprisonment for
seven years and to pay a fine of ` 5,000/-. In
default of payment of fine, to further
undergo rigorous imprisonment for six
months.

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CRA-D-382-DB of 2010 3

Name of appellant Sentence

-Do- Under Section 376 IPC
To undergo imprisonment for life and to pay
a fine of ` 10,000/-.

-Do- Under Section 201 IPC
To undergo rigorous imprisonment for
seven years and to pay a fine of ` 5,000/-. In
default of payment of fine, to further
undergo rigorous imprisonment for six
months.

All the sentences were ordered to run concurrently.

2. The case of the prosecution, in a nutshell, is that on 09.09.2008,

ASI Harjinder Singh, Incharge Police Post Kheri Naudh Singh along with

ASI Gurbachan Singh and other police officials was going from village

Hargana to village Suhavi in connection with patrol duty. When they

reached near Bus Stand of village Hargana, Ajmer Singh complainant son of

Gobind Singh along with his brother Ajaib Singh met them. Statement of

Ajmer Singh was recorded. According to the contents of the complaint, the

complainant’s daughter was 17 years old. She had passed Middle standard.

She was working in the house. In the intervening night of 06/07.09.2008,

she went away through backside passage of the house. The complainant

searched for his daughter. He came to know that his daughter was called by

Sukhvir Singh alias Sukha son of Bhag Singh resident of village Suhavi

after alluring her, whose cattle shed was situated on the back side of his

house. On 07.09.2008, he went in search of his daughter to the cattle shed of

Sukhvir Singh alias Sukha. His brother Ajaib Singh told him that his

daughter was taken away by Sukhvir Singh alias Sukha and his servant

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CRA-D-382-DB of 2010 4

Surinder Patel in a Ford car. Ajaib Singh had seen them going towards

Kheri Naudh Singh. The complainant along with his brother Ajaib Singh

went to the house of Sukhvir Singh alias Sukha and requested him to hand

over his daughter. However, the family members of Sukhvir Singh alias

Sukha told that they did not know the whereabouts of his daughter. On

08.09.2008, the complainant and his brother Ajaib Singh also searched for

his daughter. However, they did not find her. According to the complainant,

his daughter was raped and thereafter murdered. On the basis of the

statement, FIR was registered. ASI Harjinder Singh went to the spot. He

prepared rough site plan. Thereafter, investigation of the case was taken

over by ASI Gurbachan Singh. The accused were arrested on 11.09.2008.

The recoveries, including one ear ring, two mobile phones and one chappal,

were effected. The body was recovered from Bhakhra canal, near

Sehzadpur. Photographs of the dead body were taken. The investigation was

completed and challan was put up after completing all the codal formalities.

3. The prosecution examined a number of witnesses in support of

its case. The accused were also examined under Section 313 Cr.P.C. They

denied the case of the prosecution. The case of appellant Sukhvir Singh

alias Sukha was that he was falsely implicated due to political rivalry.

Appellant Surinder Patel took the plea that he was falsely implicated.

4. The appellants were convicted and sentenced, as noticed above.

5. Learned counsel appearing on behalf of the appellants

vehemently argued that the prosecution has failed to prove its case against

his clients. Learned counsel appearing on behalf of the State has supported

the judgment and order of the learned Court below.

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CRA-D-382-DB of 2010 5

6. We have heard learned counsel for the parties and gone through

the judgment and record very carefully.

7. PW.2 Ajaib Singh testified that on 06.09.2008, he came to his

village Suhavi. On the intervening night of 06/07.09.2008, he got up. He

noticed that door of the house was lying open. He went towards village side.

When he reached near the park, a car of white colour was seen parked there.

On the driver seat, Sukhvir Singh alias Sukha was sitting and on the rear

seat, his servant Surinder Patel was sitting. His minor niece, aged about 17

years, was also in the car. When he went towards the car, Sukhvir Singh

alias Sukha started the car and drove it towards Kheri Naudh Singh. In the

meanwhile, his brother Ajmer Singh also came on the spot. He told that his

daughter was taken away by Sukhvir Singh alias Sukha with the help of his

servant Surinder Patel. On the next day, he and his brother Ajmer Singh

went to the house of Sukhvir Singh alias Sukha and enquired from the ladies

in the house. He was confident that his niece was taken away by Sukhvir

Singh alias Sukha, as she was taken away in his presence. They searched for

the prosecutrix. In his cross-examination, he deposed that village Suhavi is

at a distance of 22/23 kilometers from Chamkaur Sahib. They were four

brothers, namely himself, Ajmer Singh, Jarnail Singh and Nachhatar Singh.

He gave a call to the accused to stop but they did not stop and ran away

from the spot.

8. PW.3 Ajmer Singh was re-called for examination in chief after

application under Section 311 Cr.P.C. was allowed. He had not earlier

supported the case of the prosecution, but when he was re-called, he had

supported the prosecution case. According to him, the prosecutrix was his

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CRA-D-382-DB of 2010 6

daughter. She was 16/17 years old. On the intervening night of

06/07.09.2008, his daughter had left the house from the back side. They

searched for her on the next day. His daughter was allured by Sukhvir Singh

alias Sukha, whose cattle house was situated on the back side of his house.

They went to the cattle house of Sukhvir Singh alias Sukha on the next day.

They searched for her on 07.09.2008. He was informed by his brother Ajaib

Singh that his daughter was taken away by Sukhvir Singh alias Sukha with

the assistance of his servant Surinder Patel in their Ford car towards Kheri

Naudh Singh. He was of the firm belief that his daughter was killed and her

body was disposed of in the canal. He proved his statement Ex.PE. The

contents of his statement were read over to him. When he was coming from

the canal, leaving his relative, to inform the police, a Ford car of white

colour was seen coming from the side of Bassi towards Lohar Majra. It was

being driven by Sukhvir Singh alias Sukha. Surinder Patel was sitting in the

car. In his presence, the car was searched. A mobile was recovered from

Surinder Patel and another mobile was recovered from Sukhvir Singh alias

Sukha. Currency notes of ` 500/- and a report regarding missing of mobile

were also recovered. Registration Certificate of the car was also recovered.

From the back seat of the driver side, one ear ring was recovered. It

belonged to his daughter. He identified the same. It was taken into

possession by the police vide memo Ex.PF. A chappal of his daughter,

which was found by him lying adjoining the bank of the canal, was taken

into possession vide recovery memo Ex.PH. Earlier, he had appeared as a

witness in this case but at that time, he did not support the prosecution

version due to the threats advanced by the relatives of the accused to him.

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CRA-D-382-DB of 2010 7

From the day of occurrence till the recording of his statement, the relatives

and some other unknown persons had given threats to him and his family.

Due to this fear and threats advanced by the relatives and well wishers of

the accused, he did not make the correct statement. Today, he made the

statement without any fear, pressure or coercion. He had informed the police

about the advancement of threats to him. In his cross-examination, he

deposed that when his daughter had gone from the house, they informed the

police on 09.09.2008 at about 6.30 PM. The police had reached at the spot

at 9.00 PM. His brother had supported the prosecution case, but he did not

support the version due to threats advanced to him. His wife was also

threatened and she initially did not support the case of the prosecution on

01.05.2009.

9. PW.4 Daljit Kaur initially did not support the case of the

prosecution. She was re-called for examination-in-chief on the basis of

application preferred under Section 311 Cr.P.C. She deposed that she was

married to Ajmer Singh about 20 years back. On 6th of the month, after

taking dinner, they slept in the courtyard. In the night, she noticed that her

daughter was not on her bed. She came out from the gate. Ajaib Singh, elder

brother of her husband along with Ajmer Singh was seen coming from the

side of the village. She enquired from Ajaib Singh about the whereabouts of

her daughter. They told her that her daughter had been taken away by

Sukhvir Singh alias Sukha and Surinder Patel. Earlier, she had appeared as a

witness in this case but at that time, she did not speak the truth because

threats were advanced to her and her family. The earlier statement was not

correct since it was given by her under threat.

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CRA-D-382-DB of 2010 8

10. PW.6 B.K. Pathak had prepared the scaled site plan Ex.PW6/A.

11. PW.8 Raj Kumar had taken the photographs of the dead body.

12. PW.14 SI Sukhjit Singh deposed that he was posted as SHO,

Police Station Khamano on 09.09.2008. On 11.09.2008, ASI Gurbachan

Singh had produced before him accused Sukhvir Singh alias Sukha and his

servant Surinder Patel along with Ford car.

13. PW.15 Manjit Kaur deposed that she was teacher in

Government High School, Lohar Majra Khurd. The prosecutrix was

daughter of Ajmer Singh. Her date of birth was 12.12.1991.

14. PW.16 ASI Harjinder Singh deposed that Ajmer Singh along

with his brother Ajaib Singh met him. He recorded the statement of Ajmer

Singh. Thereafter, ruqa Ex.PW.16/A was prepared. FIR Ex.PW.14/A was

registered.

15. PW.17 ASI Gurbachan Singh deposed that ASI Harjinder Singh

recorded the statement of Ajmer Singh. The raid was conducted at the house

of the accused. They were not present. On 11.09.2008, investigation of the

case was entrusted to him. He along with other police personnel went in

connection with investigation of the case and Nakabandi was laid.

Complainant Ajmer Singh also met them there. He was joined in the police

party. After some time, a Ford Fiesta car bearing registration No. PB-65F-

7867 was seen coming from the side of Bassi. The driver was asked to stop.

The accused were identified by complainant Ajmer Singh. From the

personal search of Sukhvir Singh alias Sukha, currency notes of ` 500/- and

DDR regarding missing of mobile were recovered. A mobile Nokia was

recovered from Surinder Patel. On 12.09.2008, accused Sukhvir Singh alias

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CRA-D-382-DB of 2010 9

Sukha made disclosure statement Ex.PW.17/H. Sukhvir Singh alias Sukha

disclosed that he along with other accused had thrown the dead body of the

prosecutrix in the canal in the area of village Sehzadpur. Then they went to

the place disclosed by the accused along with the complainant. Spot was

inspected. A Chappal was recovered and identified by the complainant to be

of his daughter. Photograph of the said Chappal was taken. Rough site plan

was prepared. He came to know on 12.09.2008 that dead body of the

prosecutrix was recovered in the area of Jansui. He got the post-mortem

conducted. In his cross-examination, he deposed that the prosecutrix was

having illicit relations with many boys of village Suhavi.

16. The post-mortem was conducted by PW.1 Dr. Gayitri along

with Dr. Shashi Kant and Dr. Bhupinder Singh. They opined that the

prosecutrix died due to asphyxia caused by drowning which was sufficient

to cause death in ordinary course of nature. The probable duration between

injury and death was immediate and between death and post-mortem was

about seven days. She proved the post-mortem report Ex.PA. Swabs were

taken from introitus and vagina.

17. PW.5 Dr. Bhupinder Singh also corroborated the statement of

PW.1 Dr. Gayitri.

18. According to the Forensic Science Laboratory report Ex.PD,

spermatozoa were detected in the contents of exhibits A and B.

19. PW.2 Ajaib Singh had seen the prosecutrix in the car of the

appellants. He had tried to stop the car. However, they sped away. PW.3

Ajmer Singh had also gone to the house of the appellants at village Suhavi

in search of his daughter. The dead body of his daughter was found in the

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CRA-D-382-DB of 2010 10

canal in the State of Haryana. The post-mortem was conducted. The cause

of death was asphyxia caused by drowning. Swabs were taken from introitus

and vagina. According to the Forensic Science Laboratory report Ex.PX, the

exhibits contained in parcels A and B were carefully and thoroughly

examined with the help of scientific aids. It was concluded that the exhibit

A-1 contained in parcel A and exhibit B-1 contained in parcel B were

similar in design. Parcel B contained an ear ring with its lock stated to be

ear ring taken by the doctor during post-mortem. Parcel A contained an ear

ring without its lock stated to be artificial ear ring recovered from inside the

vehicle. The recoveries were also made at the instance of the appellants.

Initially, PW.3 Ajmer Singh and PW.4 Daljit Kaur did not support the

prosecution case. However, when they were re-called for examination-in-

chief on an application preferred under Section 311 Cr.P.C., they supported

the case regarding the manner, in which their daughter was allured by

Sukhvir Singh alias Sukha in connivance with Surinder Patel. PW.15 Manjit

Kaur has proved the date of birth of the prosecutrix to be 12.12.1991. The

prosecutrix was raped and murdered. Her dead body was thrown in the

canal. The defence taken by appellant Sukhvir Singh alias Sukha that he

was falsely implicated due to political rivalry is not believable. Why a

person would implicate another person for rape and murder of his daughter

only due to political rivalry. One ear ring of the deceased was recovered

from the car of the appellants. PW.2 Ajaib Singh had seen appellants

Sukhvir Singh alias Sukha and Surinder Patel taking away his niece in a car.

There is some delay in lodging the FIR, but it has been explained. The first

reaction of the family was to search for their daughter. PW.2 Ajaib Singh

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CRA-D-382-DB of 2010 11

had `last seen’ the deceased in the company of the accused. There was no

enmity between the complainant and the appellants. The dead body of the

prosecutrix was duly identified by her parents, namely PW.3 Ajmer Singh

and PW.4 Daljit Kaur, from the clothes she was wearing.

20. Accordingly, the prosecution has proved its case against the

appellants beyond reasonable doubt. There is no reason for us to interfere

with the well reasoned judgment and order of the learned trial court. The

appeal is, accordingly, dismissed.

( RAJIV SHARMA )
JUDGE

March 19, 2019 ( ANIL KSHETARPAL )
ndj JUDGE

Whether speaking/reasoned Yes
Whether Reportable Yes

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