LexDAULAT RAM versus STATE OF PUNJAB
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DAULAT RAM v. STATE OF PUNJAB APRIL 29, 1997 [M.M. PUNCHHI AND KS. PARIPOORNAN, JJ.] Criminal Tlial : No11-appreciatio11/ignora11ce of vital defence witnesses by the Trial Cowt as well as by the High Court-Appreciation of defence evidence by the Supreme Cowt called for if ignored by the Courts below. No neighbour coming fo1ward to support the case of the prosecu- tio11-Wl1ether fatal-Held 'Yes'. A B c Dress of the deceased at the time of death-Relevance of-Held, the D manner of his dress was least suggestive of the fact that he was set for travel to another destinatiol!-Conviction can be set aside if the timing of death proves to be mutelially different than the one alleged by the prosecution. Medical Jurisprudence Timing of death-To be ascertained by properly i11te1preting the post- m01tem repo1t and evidence of the doctor (conducting the post-mortem) and 11ot by the prosecutio11 story. Cri111i11al Procedure Code, 1973 : Section 313-Wliether stateme11t made by the accused releval!t if the version came as suggestions i11 the cross-exami11atio11 of the witnesses as well as deposition by a prosecutio11 wit11ess (wife of accused), whom the prosecu- tion got declared hostile at the very i11itiation of her stateme11t. /11dia11 Pe11al Code, 1860 : E F G Section 302 read with Section 27 of the Anns Act-Murder of educated unmanied young man of 25 years-Murder i11 the prese11ce of alleged eye witnesses-Accused a police constable-Murder by his service revolver--Con- viction ca11not be upheld if the defence version is different and the timi11g of H 1061 1062 SUPREME COURT REPORTS [1997] 3 S.C.R. A death is proved to be different than the one alleged by the prosecution. B The Appellant was employed as a Constable in the Police and PW 6 was his wife. The couple had a single room house to live in locality R. Deceased, a man of 25 years having done his M.A., had constructed a house close to the house of the Appellant, and was staying alone. His father, Sub-Inspector GS had at one time been posted at R, but at the relevant time was posted at M, a town about 53 miles away from R. Deceased's father's brother, G, a PW, lived at S, at a distance of about 55 miles from R. Both the towns were in different directions. C The case of the prosecution was that G, father's brother of the deceased had visited the place R on a number of occasions and had developed a feeling that the deceased was carrying on with PW6 and he wanted to disrupt the relationship. Thus on the date of occurrence, some- time after 1.00: PM, he came to the place R accompanied by H, in order to take the deceased with him to his native place. Half an hour later, at D about 1.45 pm. G, H and the deceased set out from the latter's house for going to their native place. While doing so, the deceased told G and H that he had a message to deliver at the house of the Appellant. Saying so he went and entered the house of Appellant followed by G and H. They saw him talking to PW6. In the meantime Appellant arrived. Appellant shouted E that he was going to teach a lesson to the deceased for having entered his house and saying so he fired live shots in quick succession towards the deceased from the service revolver. On receipt of injuries the deceased fell on a cot, which lay in the sole room. The Appellant then further assaulted the deceased 'l\ith a knife on his face. Then PW6 intervened. She too got some injuries inflicted by the Appellant. The Appellant thereafter left the F place of occurrence carrying his revolver with him. G and H, the eyewit- nesses went near the deceased and found him dead. The prosecution case further was that G leaving behind H near the dead body went to the Local Police Station and lodged the FIR at 2:45 PM. G The police came to the spot and prepared the inquest report and the dead body was sent for post-mortem which was conducted by Doctor PW 1, at 5:35 PM. The post-mortem report (Ex PA) of the deceased revealed that the death was instantaneous and that the time between death and post-mortem H was within six hours. At the trial, however, PW 1 amended his statement DAULATRAM. v. STATE 1063 to say that the probable duration between death and post mortem could A also be eight hours. The blood stained clothes of the deceased which were a T-shirt and pyjamas, were removed and given to the police. However, the Appellant had a counter version and this came as suggestions in the cross-ex
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