http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4  

PETITIONER: PATTU LAL

       Vs.

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT:       27/03/1996

BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) MAJMUDAR S.B. (J)

CITATION:  JT 1996 (4)    95        1996 SCALE  (3)286

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R G.N.Ray. J.      This  is   an  appeal  under  Section  14  (1)  of  the Terrorists Affected  Areas (Special  Courts) Act. 1984. This appeal is directed against the order dated November 28, 1984 passed by  the learned  Judge. Special  Court, Ferozpur,  in Trial No.27  of 1984  arising out of F.I.R.No.141 of 1984 of the Police Station, Abohar, under Section 302  of the Indian penal Code  and was  sentenced to  suffer  imprisonment  for life.      The prosecution case in short is that the appellant had a  strained   relation  with  his  wife  Chameli  Devi.  The deceased, on account of Chameli Devi having illicit relation with one  Kirpal Singh.  On May  8, 1984. P.W.1-Bishan Dial, his brother  Tej Ram  and the  wife of Bishan Dial. Dropati, went to  the house  of the  appellant Pattu  Lal to  get the dispute between  the deceased  and Pattu Lal to settled. The deceased threatened  to get  divorce and marry kirpal Singh. On the  night of  May 24  and 25  of 1984, PW. 1 Bishan dial said Tej Ram and Dropati slept at the house of Pattu Lal and at bout  6.00 a.m.  on May  28. 1984  Bishan Dial  got up on hearing alarm  and saw  pattu Lal giving injuries to Chameli Devi with  ’toka’ and  Chameli Devi  died at  the spot. PW 1 Bishan Dial  took his  father with his blood stained clothes and the  said toka  Ex.M/G/1 to  the police  station, Abohar where he  lodged the  F.I.R. a case under Section 302 of the Indian Penal  Code was  registered. PW.3  Shri Thakur  Singh Additional Station  House Officer, took up the investigation who placed Pattu Lal under arrest and the blood stained toka and also  blood stained  clothes produced  before  him  were seized. Thereafter,  the said  Investigating Officer  (PW.3) proceeded to  the soot  and collected  blood  stained  earth under memo of seizure Ex.P.7 and also seized the blanket and chadar of  the deceased  by seizure  Memo  effects  Ex.P.E.. Autopsy of  the dead  body of  Chameli Devi was performed by Dr. Dalip  Kumar on  May 25.  1984 at about 3,30 p.m. In the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4  

opinion of  the doctor, the dead was caused due to shock and haemorrhage due  to injury No. 1 which was sufficient in the ordinary course  of nature  to cause  death. The prosecution examined Bishan  Dial PW.1.  the son of the accused and also the doctor  holding    the  post  mortem  examination  (PW.2 Dr.Dalip Kumar),  the said  Investigating Officer  PW.3  and other  formal   witnesses  PW.1  Bishan  Dial  was  however, declared hostile  and he  was cross- examined by the learned Public Prosecutor.  It appears  from the deposition  of PW.1 that his  father and  the mother  were living  together  and Bishan   with his  wife and  brother Tej Ram had been living separately in  a different  house.  The  said  witness  also admitted that  at the  police station  he had  given a thumb mark under  the F.I.R. He also admitted that his brother Tej Ram also accompanied him to the police station. No plausible reason has  been indicated  by the  said witness which might have promoted  the said  Investigating Officer  to fabricate the  said   F.I.R.  on   making   false   allegations.   The investigating officer  specifically stated in his deposition that the  accused was  produced at  about 7.00  a.m. at  the police station  by PW.1  Bishan Dial  himself and  the blood stained clothes  and the  toka with  which murder  had  been committed were also produced by the said Bishan Dial. It may be stated  here that  the blood stained clothes and the toka with which  the murder is alleged to have been committed had been sent  for forensic test and the report is to the effect that the said clothes and the toka contained human blood.      The learned counsel for the appellant has very strongly contended before  us at  the hearing  of this appeal that in the instant case, the prosecution wanted to prove the charge of murder  by examining  Bishan Dial who was stated to be an aye witness.  But the  said Bishan  Dial has  denied in  his deposition that  he had  seen the occurrence and he has also denied that he lodged the F.I.R. with the police station. He has specifically  stated that in the police station. a thumb impression was  taken from  him.  The  learned  counsel  has submitted that such thumb impression has since been utilized in F.I.R.  and no  reliance should  be placed on such F.I.R. The learned  counsel for  the appellant  has also  contended that the  crosecustion has not come up with a case of murder to  be  established  by  circumstantial  evidences.  On  the contrary, the  positive case of the prosecution was that the case of murder was witnessed by the son of the deceased. But the prosecution has failed to establish such case because of the denial  about the  said case of murder by the son Bishan Dial. The  learned counsel  for the  appellant has submitted that  simply   on  the  basis  of  the  preposition  of  the Investigating Officer, the case against the appellant cannot be acceded  in the absence of any convicting evidence by way of corroboration.  He has,  therefore,  submitted  that  the prosecution case  must fail by holding that it was a case of blind murder  not proved  by any  convincing  and  clinching evidence.      Mr. Ranbir  Yadav learned  counsel for  the State. has, however, submitted  before us  that in the instant case, the police did  not arrest  the accused  on  the  basis  of  any information received  from any other source. The accused was arrested at  the time  of lodging  the F.I.R. by Bishan Dial because the  accused was  produced by  his son Bishan at the police station  at the  time of  lodging the F.I.R. with the blood stained  clothes of  the appellant  and the  toka  the weapon  with  which  the  murder  had  been  committed.  The investigating officer  has clearly deposed in this case that the said  Bishan Dial lodged the said F.I.R. and handed over his father  along with blood stained clothes and the weapon.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4  

In  view  of  such  evidence,  there  is  no  difficulty  in convicting the  appellant for the said offence of murder and in the  facts of  the case  no interference by this court is called for.      We requested Mr. Natarajan the learned Senior Advocate, to assist  the Court as amicus curaie and we place on record our deep  appreciation for  the valuable assistance given by Mr. Natarajan.  Mr Natarajan  has submitted  before us  that although PW.1  Bishan Dial  has denied the factum of lodging the F.I.R.  and making the statement recorded in F.I.R.  and has also denied that he had witnessed the said occurrence of murder, but  the contradiction  in his  deposition with  the statement recorded in the F.I.R.  and also in the statements made by  him under  Section 161  of Crl. Procedure code have been clearly  established by  the investigating officer PW.3 in his deposition. The statement of Bishambher to the extent of contradiction  in his  statement in  F.I.R.  and  in  the statement  made   before  the   police  became   substantive evidence. Mr.  Natarajan has  also submitted that abort from such evidence. the investigating officer has also deposed in this case  by stating  that the  son of  the deceased Bishan Dial lodged  the F.I.R. and also produced the accused at the time of  lodging the F.I.R. and blood stained clothes of the accused and  the weapon  with  which  the  murder  had  been committed. had  also deposited  with the  police by the said Bishan  Dial.   There  is   no  suggestion   to   the   said investigating officer  in cross  examination that he had any reason to  depose falsely  against the accused in this case. From the  deposition of  the son of the deceased it has been established that  the accused used to stay with the deceased in the house where murder had been committed and no one else used to  stay in  the said  house. It  has come  out in  the evidence of the investigating officer that shortly after the said incident  of murder  the accused  was presented  in the police station  with blood  stained clothes  and the toka by the son  of the  deceased. It  has been established from the serological report  that the  said clothes  and  the  weapon contained human  blood. Such  evidences, even in the absence of  direct   evidence  of   murder,  clearly  establish  the prosecution case  beyond doubt.  Accordingly, the conviction of the appellant for murder of his wife cannot be held to be bad or illegal.      After giving cur anxious consideration to the facts and circumstances of  the case and evidences adduced in the case and submissions  made by the learned counsel for the parties and also  by Mr.Natarajan,learned  amicus curaie. it appears to us  that the  factum of logging the F.I.R. by PW.1 Bishan Dial and also the factum of producing the accused with blood stained clothes  and the said toka with which the murder had been committed  by Bishan Dial have been clearly established by the  deposition of  investigating officer. We do not find any reason  to discard  the evidence  of  the  investigating officer to  the above effect. No suggestion was given to the said investigating  officer on behalf of the accused that he had any  occasion to  have animus  against the  accused  for which there  was likelihood of fabricating false evidence by the said  investigating officer  against the  accused.  PW.1 Bishan Dial has deposed to the effect that he along with his brother had  been to  the police  station. Although  he  has stated in his deposition that his thumb impression was taken on a  paper in the police station but no attempt was made to support such  contention by  examining his  own brother as a defence witness.  It has  also been clearly established from the evidence  of the  son of  the deceased  that the accused used to  live with  the decease in the said house and nobody

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4  

close used  to live  there shortly  after the  incident, the appellant was  produced in the police station with his blood stained clothes  and  the  toka.  From  the  report  of  the serologist, it  has been  established that  the said clothes and the  toka contained human blood. No explanation has been giving as  to now  and under what circumstances. the clothes of  the   accused  contained   blood  stains   when  he  was apprehended shortly  after the  incident. The  circumstances established by  clear and  clinching evidence  only indicate that it  was the appellant and no one else had committed the said murder.  It will  be appropriate  to indicate here that corroboration is  a rule of prudence. Evidentially vale of a deposition which  is otherwise  admissible is  no just wiped out in  the absence of corroboration. Even in the absence of corporation, a  deposition for  its quality  may  be  safely accepted to be correct. It will be unfortunate if on account of over  emphasis for corroboration, a crime goes unpunished by not  giving due  weight on  uncorroborated evidence  when such evidence  is otherwise  reliable. We  therefore find no reason to  interfere with  conviction  and  sentence  passed against  the   appellant  and   the  appeal  is  accordingly dismissed. The  appellant has  been released  on pail during the pendency of this appeal. He should be arrested forthwith to serve out the sentence.