Manoj Kumar v. State Of Hy.Etc.
Mr. Munish Sharma, DAG, Haryana.
12.
Since it is a case where the deceased as well as the complainant and another PW i.e. PW-7 Narinder Kumar are stated to have received injuries at the hands of the accused with the help of scissors, it is apposite to first of all refer to the medical evidence led by the prosecution in this regard particularly as regards the injuries found on the dead-body. In the instant case, while the occurrence is stated to have taken place on 27.8.2002 at about 08:30 P.M. the deceased Sham Lal was examined by Dr. Deepak Parkash (PW-11) at about 09:15 P.M., the complainant Amit Kumar (PW-5) was examined by him at about 09:20 P.M. and Narinder Kumar (PW-7) was examined at about 09:40 P.M.
13.
PW-11 Dr. Deepak Parkash, while proving the MLR in respect of Sham Lal as Ex.PK, described the injuries found on his person as under: 1.
A punctured wound measuring .2 cms. on the anterior aspect of the right fore-arm X .1 cm. depth could not be ascertained. Margins were clean cut. Fresh bleeding was present. It was situated 6 cms. below cubital fossa.
2.
A punctured wound measuring 2 cms. X .1 cm. just adjoining the injury no.1 fresh bleeding was present.
3.
A punctured wound measuring .2 X .2 cms. depth could not be ascertained on the left side of the chest situated 5 cms. lateral to nipple with mark of fresh bleeding. Surgical emphysema was present. Air entry was dimension on left side. X-ray was advised.
4.
A punctured wound .2 cms. X .1 cm. on the left side of chest at the anterior axilliary line situated 8 cms. below and lateral to the nipple. X-ray was advised.
5.
A punctured wound .2 cms. X .1 cm. on the left side of chest situated 3 cms. lateral to injury no.4. Surgical emphysema was present. Depth could not be ascertained. X-ray was advised. 1.
Superficial lacerated wound on right forearm .8 cms X .5 cms. 2.
Superficial lacerated wound on right forearm near injury No.0. .4 cm. X 0 cm in size.
3.
Three punctured wounds on the chest:
(i) 3 cms. from nipple. 0.5 X 0.5 cm in size.
(ii) 8 cms. below the injury No.1 in anterior axilliary line 0.5 X 0.5 cm in size.
(iii) 8 cms. lateral to injury No.2 in mid axilliary line 0.5 X 0.5 cms."
lacerated wounds 20.
As far as the death of Sham Lal on account of the injuries sustained by him is concerned, PW-11 Dr. Deepak Parkash upon having been asked by the police to furnish opinion regarding the possibility of injuries having been caused with the scissors, he gave his specific opinion to the effect that the possibility of the injuries having been caused with a scissors cannot be ruled out. Similar is the opinion of PW-1 Dr. Umesh Mehta. As per the prosecution even the complainant Amit Kumar (PW-5) and also Narinder Kumar (PW-7) had sustained injuries at the hands of the accused. PW-11 Dr. Deepak Parkash, who had medico-legally examined both of them, stepped into the
witness-box and stated that he had medically examined Amit Kumar on 27.8.2002 at about 09:20 P.M. While proving the MLR as Ex.PL he described the injuries found on the person of Amit Kumar as under:
1. A punctured wound of the size of .3 cms. X .1 cm. X muscle deep present on the left side of fact situated 3 cms. above the angle of mandible.
2.
A punctured wound on the left side of chest situated 8 cms. below the left nipple measuring .3 cms. X .1 cm. depth could not be ascertained, X-ray was advised.
3.
A punctured wound on the back of left shoulder measuring .2 X .1 X muscle deep. X-ray was advised."
21.
PW-11 further stated that on 27.8.2002 he had also medico-legally examined Narinder Kumar at about 09:40 P.M. and had found the following injuries on his person:
"1. A punctured wound measuring .2 X .2 cms. X muscle deep on the left side of back just below the left renal angle with mark of fresh bleeding. The patient was kept under observation. The injury was caused by sharp pointed object within duration of six hours."
22.
PW-11 further stated that he had furnished opinion that the injuries found on the person of deceased Sham Lal as well of Amit Kumar and Narinder Kumar could have been caused with the scissors in question. Although the said witness was cross-examined at length, but nothing substantial could be elicited during the course of his cross-examination so as to doubt either his veracity or his opinion. Having referred to the evidence regarding the factum of existence of the injuries on the dead-body and also on the person of PW-5 Amit Kumar and PW-7 Narinder Kumar, the oral evidence led by the
prosecution in this regard also needs to be examined. The prosecution had examined both the injured eye-witnesses i.e. the complainant PW-5 Amit Kumar and also the injured witness PW-7 Narinder Kumar. 23.
PW-5 Amit Kumar, while in the witness box has described the occurrence as had been narrated by him to the police while getting his statement Ex.PF recorded on 28.8.2002. He specifically stated that on the day of occurrence when he was returning home from the market, then he met Sham Lal on the way at about 08:30 P.M. near Dhawan Hospital and that soon thereafter all the 3 accused came there and that while Sonu caught hold of Sham Lal, Shippu @ Virender inflicted 3 injuries with a barber's scissors to Sham Lal on his chest and also on his forearm. He further stated that when he tried to rescue Sham Lal, then Satti @ Satish took scissors from Shippu @ Virender and inflicted a blow to him on his abdomen and shoulder. He further stated that he had raised alarm, which had attracted Narinder Kumar and who also tried to rescue them, but accused Shippu after taking scissors from Satti @ Satish inflicted an injury to Narinder Kumar on his back. 24.
PW-7 Narinder Kumar has also stated identically to the effect that while Sonu had caught hold of Sham Lal, Shippu inflicted injuries to him with scissors and when Amit Kumar tried to rescue Sham Lal then accused Satti took scissors from Shippu and inflicted injury to Amit Kumar and when he (Narinder Kumar) tried to rescue them, then Shippu after taking scissors from Satish inflicted a blow to him on his back.
25.
The aforesaid statements are fairly consistent as regards the description of the incident. Although the prosecution also examined one more PW i.e. PW-9 Sunil Pal, who had also stated to an identical effect, but since the name of the
said witness i.e. Sunil Pal does not find mention anywhere in the FIR, it would not be very safe to depend upon his statement. In any case, the consistent testimonies of PW-5 Amit Kumar and PW-7 Narinder Kumar coupled with the fact that there is ample corroboration from the medical evidence does not leave any room to doubt the case of the prosecution as set forth in the FIR. Although some minor inconsistencies have been pointed out by learned counsel representing the appellants, but the larger picture as emerges from the evidence on record clearly shows that the occurrence had taken place in the manner stated by complainant. 26.
It goes without saying that even in the case of most truthful witnesses, some inconsistencies/discrepancies are bound to be there and witnesses are not expected to come out with parrot like version. In any case, since none of the inconsistency is on any material point and is not of such a nature to cast any doubt as regards credibility of the witnesses, the same are rather rendered inconsequential.
27.
Learned counsel for the appellants also raised a submission as regards the report of FSL to the effect that the scissors are not found to be blood stained, but it is well settled that the factum of recovery of a weapon of offence or existence of any blood stains from the same would be in the nature of a corroborative piece of evidence so as to lend support to the case of the prosecution. However, in a case where despite in the absence of such corroborative evidence, the evidence collected by the prosecution in case is found to be sufficient and trustworthy, the factum of there being no blood stains on the weapon of offence or the factum of non-recovery of weapon of offence would not be of much significance. As already discussed above, the
present case is a case of eye-witness account, wherein the witnesses are stamped witnesses having sustained injuries in the occurrence itself. It is well settled that testimony of a stamped witness rests on a much higher pedestal and cannot be discredited easily. In the present case, the oral testimonies of the witnesses i.e. PW-5 & PW-7 find ample corroboration from the medical evidence as well which fully establishes the role of all the three appellants in murdering the deceased and inflicting injuries to PW-5 and PW-7. 28.
As a sequel to the discussion made above, we do not find any infirmity in the findings of guilt as recorded in the impugned judgment and the same are hereby affirmed. Finding no merit in the either of two appeals, the same are hereby dismissed.
29.
Intimation be sent to quarters concerned for effecting arrest of the appellants - Manoj Kumar, Virender and Satish Kumar @ Satti so as to undergo remaining part of their sentence. Case property be dealt with under rules upon expiry of limitation for filing appeal or revision petition.