Full Judgment Text
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PETITIONER:
BALBIR SINGH AND ANR.
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT01/10/1991
BENCH:
FATHIMA BEEVI, M. (J)
BENCH:
FATHIMA BEEVI, M. (J)
PANDIAN, S.R. (J)
CITATION:
1991 AIR 2231 1991 SCR Supl. (1) 239
1991 SCC Supl. (2) 445 JT 1991 (4) 72
1991 SCALE (2)747
ACT:
Supreme Court (Enlargement of Criminal Appellate Juris-
diction) Act, 1970--Section 2-- Appeal---Charge under ss.
302/34, IPC--- Acquittal order of trial Court--Conviction by
High Court--Appreciation of evidence ---Findings of High
Court approved-- Acquittal of companion accused Whether
affects the case of appellants.
HEADNOTE:
The appellants along with another were tried of the
charge of murder under Section 302, I.P.C., read with Sec-
tion 34, I.P.C.
The prosecution case was that the appellants as well as
the deceased’s brother and his son were residing in a vil-
lage. The deceased came to the village on 6.7.1974. On
8.7.1974 at about 10.30 a.m., the deceased’s brother along
with his wife and his son had gone to the mango grove across
the choe to collect mangoes to give to the deceased. While
they were returning home along the pathway, the deceased was
seen coming in the opposite direction. The two appellants
along with another accused, emerged on the scene and at-
tacked the deceased. Appellant No.1 had a datar and Appel-
lant No. 2 had a sua and their companion had a lathi. After
inflicting injuries with the weapons the appellants escaped.
The deceased was removed to the house of one Darbara Singh
for being rushed to the hospital, but within a short time,
he breathed his last.
The first information was lodged at the police station,
around 7.00 P.M., and the crime was registered and investi-
gated and finally chargesheeted. The post-mortem examination
of the dead body revealed that the deceased had sustained
lacerated injuries and three stab wounds and that he died on
account of the shock and hemorrhage as a result of the
injuries.
The motive alleged was that there had been some grouse
on account of the transfer of agricultural land that be-
longed to the family, among the
240
children of the three brothers.
The Sessions Judge acquitted the accused of the charge.
The High Court, in appeal preferred by the State convicted
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the appellants and sentenced them to undergo imprisonment
for life, against which, this appeal under Section 2 of the
Supreme Court (Enlargement of Criminal Appellate Jurisdic-
tion) Act, 1970 was filed.
The appellants contended that the view taken by the
trial court was reasonable and there was no justification
for upsetting the judgment even if a different view could
have been taken by the appellate court on reappraisal of the
evidence; that the High Court did not dislodge the various
reasons given by the trial court for discarding the evidence
and that the conclusion drawn by the High Court on the
evidence on record was wrong.
Dismissing the appeal, this Court,
HELD: 1. The prosecution evidence in the case is wholly
reliable and it leads to irresistible conclusion that the
appellants had intentionally caused the death of the de-
ceased. The occurrence took place in broad day light at a
place close to the residence of the witnesses. The appel-
lants are the near relations of the deceased and the wit-
nesses and it has happened in the background of the family
rued. The first information has been recorded within a few
hours which in the circumstances of the case cannot be
considered as unreasonably delayed. The version given in the
F.I.R. is substantially the same as the one spoken to by the
witnesses before the Court. [243 C-D]
2. The eye witnesses have given consistent account of
the role played by each of the appellants. There would not
have been any difficulty for the witnesses to identify the
appellants from a distance and across the reeds even if they
could get only a glimpse of them in the course of their
action, and the medical evidence is not Inconsistent. [243
E-F]
3. The fact that the acquittal of the companion of the
appellants had not been interfered with by the High Court
cannot advance the case of the appellants. The High Court
has given him the benefit of doubt on the materials that
emerged in the evidence. That is no reason to discard the
evidence of the witnesses so far as the appellants are
concerned when such
241
evidence does not suffer from any serious infirmity; [243 H;
244 A]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 214
of 1979.
From the Judgment and Order dated 22.11.1978 of the
Punjab and Haryana High Court in Criminal Appeal No. 701 of
1975.
A.N. Mulla, O.P. Sharma and R.C. Gubrele for the Appellants.
Ms. Amita Gupta and R.S. Suri for the Respondents.
The Judgment of the Court was delivered by
FATHIMA BEEVI, J. Balbir Singh and Inderjit Singh, the
appellants, are brothers. Onkar Singh, brother of Brijinder
Singh, the father of the appellants, died of multiple in-
juries on 8.7.1974. The appellants along with Mehar Singh,
were tried on the charge of murder under Section 302, I.P.C.
read with Section 34, I.P.C. The Sessions Judge acquitted
the accused of the charge. The High Court, in appeal pre-
ferred by the State, convicted these appellants and sen-
tenced them to undergo imprisonment for life under Section
302, I.P.C.
The appeal being one under Section 2 of the Supreme
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Court (Enlargement of Criminal Appellate Jurisdiction) Act,
1970, the appellants’ learned counsel persuaded us to go
through the entire evidence maintaining that the High Court
has erred in interfering with the order of acquittal. Ac-
cording to the learned counsel, the view taken by the trial
court is reasonable and there was no justification for
upsetting the judgment even if a different view could have
been taken by the appellate court on reappraisal of the
evidence. It was contended that the High Court has not
effectively dislodged the various reasons given by the trial
Court for discarding the evidence and that the conclusion
drawn by the High Court on the evidence on record is clearly
wrong.
In order to appreciate these arguments, it is necessary
to set out briefly the facts of the case and summarize the
relevant evidence. The deceased, Onkar Singh, at the time of
his death was employed in government service and was resid-
ing in Chandigarh. His brother, Darbara Singh, and his son
Iswardial Singh, as well as these appellants were residing
in the village. Onkar Singh came to the village on 6th July,
1974. On 8th July,
242
1974, at about 10.30 A.M., Darbara Singh, along with his
wife, Surjit Kant, and son Ishwardial Singh had gone to the
mango grove across the choe to collect mangoes for being
given to Onkar Singh. While they were returning home along
the pathway, Onkar Singh was seen coming in the opposite
direction. These two appellants along with their companion
emerged on the scene and attacked Onkar Singh Balbir Singh
had a datar and Inderjit Singh had a sua and Mehar Singh had
a lathi. After inflicting injuries with the weapons the
appellants escaped. The deceased, Onkar Singh, was removed
to the house of Darbara Singh for being rushed to the hospi-
tal but within a short time, he breathed his last.
The first information was lodged at the police station
around 7.00 P.M., and the crime was registered and investi-
gated and finally chargesheeted. The post-mortem examination
on the dead body revealed that Onkar Singh had sustained
besides lacerated injuries three stab wounds and that he
died on account of the shock and hemorrhage as a result of
the injuries. The motive alleged was that there had been
some grouse on account of the transfer of agricultural land
that belonged to the family, among the children of the three
brothers. The land stood in the name of the deceased’s son
under cultivation of Darbara Singh at the material time. The
land was originally gifted to the appellants in 1964 but was
reconveyed to the deceased.
The learned Sessions Judge found that the motive had
been proved. The two eye-witnesses to the occurrence were
Darbara Singh and his son Ishwardial Singh. They narrated
the incident. Their evidence was discarded by the trial
court for the reasons that there was a thick growth of reeds
on either side of the pathway which was running zigzag and
it was not, therefore, possible for the witnesses even if
they were present in the vicinity to observe the assault and
identify the assailants. Another reason was that the medical
evidence was in distinct conflict with the oral testimony
and the nature of injuries were such that the same could not
be attributed to the use of the weapons mentioned by the
witnesses. Yet another reason was that there had been no
trace of blood either on the pathway or on the clothes worn
by the deceased. The time of death of the deceased as dis-
closed by the medical evidence did not agree with the ver-
sion of the witnesses. There had been inordinate delay in
lodging the F.I.R. The first information report did not
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inspire confidence. The witnesses had no consistent case
regarding the role played by Mehar Singh and the evidence
was interested and unconvincing. The learned Judge, there-
fore, rejected the
243
same and recorded the order of acquittal.
The High Court had cautioned itself on the limited scope
of interference while analysing and appreciating the evi-
dence and arriving at its own conclusion. The High Court has
given very cogent reasons to establish that the whole ap-
proach by the trial court was wrong and reasons for reject-
ing the evidence did not stand scrutiny.
Having heard the counsel on both sides, we agree with
the High Court that the prosecution evidence in the case is
wholly reliable and it leads to irresistible conclusion that
these appellants had intentionally caused the death of Onkar
Singh. The occurrence took place in broad day light at a
place close to the residence of the witnesses. The appel-
lants are the near relations of the deceased and the wit-
nesses and it has happened in the background of the family
rued. The first information has been recorded within a few
hours which in the circumstances of the case cannot be
considered as unreasonably delayed. The version given in the
F.I.R, is substantially the same as the one spoken to by the
witnesses before the court. There had not been any accept-
able suggestion why Darbara Singh should foist a case
against the appellants. It is most unlikely that these
witnesses would allow the real culprits to escape and their
near relations to be implicated on the happening of such a
tragedy in the family. Both the father and the son have
given consistent account of the role played by each of the
appellants. There would not have been any difficulty for the
witnesses to identify the appellants from a distance and
across the reeds even if they could get only a glimpse of
them in the course of their action. The evidence is also
clear that there had not been thick growth of reeds to cause
complete obliteration of the scene. It could not, therefore,
be assumed that the place of occurrence was out of bounds
and that the witnesses have weaved a story of their own. As
rightly pointed out by the High Court, the medical evidence
is not inconsistent. The witnesses are clear that the appel-
lants used the datar on the wrong side and that accounts for
the lacerated injuries. Incised wounds may be produced by
using the sua on that part of the body. We do not find any
material to infer that the death could not have happened at
the time spoken to by the witnesses. Since there had been
internal hemorrhage and the injured person was immediately
lifted from the place of occurrence the absence of blood at
the scene is not strange. The fact that the acquittal of
Mehar Singh had not been interfered with by the High Court
cannot advance the case of the appellants. The High Court
244
has given him the benefit of doubt on the materials that
emerged in the evidence. That is no reason to discard the
evidence of the witnesses so far as these appellants are
concerned when such evidence does not suffer from any seri-
ous infirmity.
We find that the High Court had given weighty reasons in
accepting the evidence and finding that the view taken by
the trial court was clearly wrong. We reject the contentions
of the appellants. There is no reason to interfere with the
judgment of the High Court. The appeal is accordingly
V.P.R. Appeal dis-
missed.
245
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