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TMI Blog2012 (12) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh Chawla (PW.4) to the effect that Jaswant Singh's daughter was perturbed and, therefore, he must immediately reach the house of his son-in-law Kaku Singh. Buta Singh (PW.15), informant, also proceeded towards the house of Kaku Singh deceased, alongwith his son Gurmail Singh. They met Jaswant Singh (PW.1) and Geeta (PW.16), his daughter in the lane. The main door of the house was closed but the window of the door was open. They went inside through the window and found two cots lying on some distance where fresh blood was lying covered with sand. They also found the dead body of Kaku Singh in the pool of blood covered by a quilt in the room. B. On being asked, Geeta (PW.16) (deaf and dumb), wife of Kaku Singh deceased communicated by gestures that Darshan Singh, respondent- accused, had stayed with them in the night. He had given a pill with water to Kaku Singh and thus he became unconscious. Two more persons, accomplice of Darshan Singh came from outside and all the three persons inflicted injuries on Kaku Singh with sharp edged weapons. Geeta (PW.16) got scared and ran outside. The motive for committing the offence had been that one Chhindri Bhatni was having illicit relatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Geeta (PW.16) cannot be relied upon for the reason that she is deaf and dumb and her statement has not been recorded as per the requirement of the provisions of Section 119 of the Evidence Act, 1872. The deposition of Jaswant Singh (PW.1) cannot be relied upon as he was having an eye on the property of Kaku Singh, deceased. The High Court has considered the entire evidence and re-appreciated the same in correct perspective. There are fixed parameters for interfering with the order of acquittal which we do not fit in the facts and circumstances of the case, therefore, the appeal is liable to be dismissed. 5. We have considered the rival submissions made by the learned counsel for the parties and perused the records. Undoubtedly, Kaku Singh, deceased, died a homicidal death. Dr. Rajendra Gupta (PW.17), who conducted the post-mortem examination on the dead body of Kaku Singh, found the following injuries: i) Incised wound 4-1/2" x 1" bone deep fracture on the right lateral side of face mandible region. ii) Incised wound 5-1/2" x 2" bone deep all structure of neck cut wound. He opined that the cause of death was injury to vessel of neck, trachea due to injury no. 2 which was su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Darshan Singh, respondent-accused. 8. Buta Singh (PW.15), brother of deceased Kaku Singh, narrated the incident as had been stated by Jaswant Singh (PW.1). 9. Dr. Rajendra Gupta, (PW.17), who conducted the post-mortem on the said dead body supported the case of the prosecution to the extent that Kaku Singh, deceased, died of homicidal death. 10. Gurtej Singh (PW.2) the recovery witness deposed about the inquest report of the dead body and taking in custody of empty strip of tablet, blood stained soil and simple soil and moulds etc. from the spot. 11. Hari Singh (PW.7), the recovery witness of kulhari (Ext. P-12) at the instance of respondent-accused Darshan Singh supported the prosecution case to the extent of the said recovery. 12. Ramjilal (PW.23), Investigating Officer, gave full details of lodging an FIR at midnight and explained all steps taken during the investigation, recoveries referred to here-in-above, recording of statements of witnesses under Section 161 Cr.P.C., sending the recovered material for FSL report and arrest of Darshan Singh, respondent-accused etc. 13. Dr. Amarjeet Singh Chawla (PW.4) deposed that Geeta (PW.16) had asked him to give a telephone call t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceased for the reason that even as per deposition of Geeta (PW.16), Kaku Singh had severed the relationship with Chhindri Bhatni long ago. V. The name of Darshan Singh, respondent-accused, did not find place in the FIR. The accused persons had been mentioned therein as Chhindri Bhatni and her brother. VI. So far as the recovery of kulhari (Ext. P-12) is concerned, even if believed, did not lead to any interference for the simple reason that FSL report (Ext. P-64) revealed that there was no human blood found on kulhari. Therefore, the evidence of recovery of kulhari could not be used as incriminating circumstance against the accused. VII. The evidence on record revealed that Geeta (PW.16) and Jaswant Singh (PW.1) were apprehending that Kaku Singh deceased would alienate his irrigated land to Chhindri Bhatni and, therefore, it became doubtful whether Darshan Singh, respondent/accused could have any motive to kill Kaku Singh, deceased. VIII. The evidence of Geeta (PW.16) was recorded in sign language with the help of her father Jaswant Singh (PW.1). Admittedly, neither she nor her father while acting as her interpreter had been administered oath. The signs have been recorded alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with such calamities are generally found more intelligent, and to be susceptible to far higher culture than one was once supposed. When a deaf and dumb person is examined in the court, the court has to exercise due caution and take care to ascertain before he is examined that he possesses the requisite amount of intelligence and that he understands the nature of an oath. On being satisfied on this, the witness may be administered oath by appropriate means and that also be with the assistance of an interpreter. However, in case a person can read and write, it is most desirable to adopt that method being more satisfactory than any sign language. The law required that there must be a record of signs and not the interpretation of signs. 19. In Meesala Ramakrishan v. State of A.P., (1994) 4 SCC 182, this Court has considered the evidentiary value of a dying declaration recorded by means of signs and nods of a person who is not in a position to speak for any reason and held that the same amounts to a verbal statement and, thus, is relevant and admissible. The Court further clarified that 'verbal' statement does not amount to 'oral' statement. In view of the provisions of Section 119 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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