Singh & Anr Vs. State of Haryana 
INSC 418 (13 August
Nanavati, S.P. Kurdukar.
two appellants and one Kashmir Singh were convicted by the trial court for the
offence punishable under Sections 307 and 506 both read with Section 34 IPC, by
the court of Additional Sessions Judge, Faridabad, in Sessions Case No. 31/88. The High Court confirmed their conviction.
All the convicted accused then filed a Special leave petition in this court.
Leave was not granted to Kashmir Singh. It was granted to the appellants only.
prosecution case against the appellants was that on 31.8.88 at about 6.00 p.m.,
they went to the house of Bhagwan Singh and enquired from him whether he was
willing or not to vacate the house in his possession. Bhagwan Singh told them
that as he was the real owner of the house, the question of vacating it did not
arise. There upon, the appellants exhorted Kashmir singh to finish Bhagwan Singh.
Singh fired two shots from his pistol and causeed injuries to Bhagwan Singh and
order to prove its case, the prosecution examined the two injured eye-witnesses
and also led other evidence. After appreciating their evidence, the trial court
thought it safe to rely upon it and also upon the evidence of Lattkan singh -
P.W.7 and Jagir Singh - P.W.8, who had rushed to the place of the incident on
hearing the cries of the injured.
trial court disbelieved tthe defence case that someone else and fired at them
and caused injuries and that they were falsely involved because o f property
dispute. The trial court convicted them as stated above.
High Court on re-appreciation of the evidence agreed with findings recorded by
the trial court and confirmed the conviction.
was urged by the learned counsel for the appellant was that the evidence of the
eye-witnesses was not properly appreciated by courts below and the reasons
given for accepting their evidence inspite of many infirmities therein are not
proper. H aving gone through their evidence, we find that it does not suffer
from any serious infirmity.
evidence was correctly appreciated by the trial court and the High Court was
right in confirming the findings recorded by the trial court. All the three
accused had gone together to the house of Bhagwan Singh and the way they acted
thereafter leaves no doubt about their acting in furtherance of theeir common
intention. As they have been rightly convicted under Sections 307 and 506 both
read with Section 34 IPC, this appeal is dismissed.
are on bail. Their bail is cancelled. They are ordered to surrender to custody
to serve out the remaining part of their sentence.