Describe weapons of offence: High court to cops, judges

Saurabh Malik

Tribune News Service

Chandigarh, December 13

A datar is an agriculture implement used for harvesting crops having a short handle with a semi-circular blade. It may sound dictionary definition of sickle, but this is exactly the way the Punjab and Haryana High Court wants the trial courts across Punjab, Haryana and Chandigarh to describe weapons of offence, especially agricultural and household implements.

A Division Bench has also made it clear to the investigating officers to capture such weapons in photo frames. The directions, aimed at giving a clearer picture to the courts above, came during the hearing of a criminal appeal in which a kandhala was used to commit murder.

The Bench of Justice Rajesh Bindal and Justice Gurvinder Singh Gill observed that the recovered kandhala, more than three-ft long, had a blade fitted on a thick wooden stick.

The Bench went on to add that often the trial courts were not giving a clear description of the weapons, especially agricultural and other household implements.

The investigating officers, no doubt, prepare a sketch of the recovered weapon, but sometimes it did not give a clear picture of the weapon.

The Bench asserted: “Since all police stations have the facility of photography, we recommend that all investigating officers, apart from making a sketch of the weapons, should also take their photographs which can give a better picture of the weapon used.”

The Bench added that the exercise would be helpful as these implements were known by different names in different areas in Punjab and Haryana. At times, the names varied from district to district. “Some of the names one comes across include gandasa, gandasi, takua, kirch, tangli, phaura, salang and kandhala,” the Bench observed.

The Bench added that the implements must be explained vividly by the trial courts in the judgments. “As many cases go up to higher courts, such detailed description will be beneficial and give a clear picture of weapons, the names of which, sometimes, are native to a particular area only,” the Bench asserted.

The directions came on the appeal filed by Gurdeep Nath after the Moga Additional Sessions Judge convicted him to life imprisonment in November 2009 under Section 302 of the IPC for murdering his wife. Finding no infirmity in the trial court order, the Bench concluded that the appeal was bereft of merit while dismissing it.