Amrik
Singh Vs. State of Punjab [1998] INSC 164 (17 March 1998)
G.T.
Nanavati, V.N. Khare Nanavati,J.
ACT:
HEAD NOTE:
The
appellant was tried alongwith three other accused for causing the death of
manna Singh. The trial court convicted him under Section 302 IPC and acquitted
the other accused. The High Court confirmed his conviction as it found that the
evidence of the three eye-witness, PW 2 Swaran Singh, PW 3 - Raj Singh and PW 4
- Amar Singh is quite consistent and their evidence proves that the appellant
had given a barchha blow to Manna singh on his chest which proved to be fatal. the
High Court after appreciating the evidence also recorded a finding that their
evidence did not require any corroboration.
However,
it was contended by the learned counsel for the appellant that the three
eye-witnesses had not specifically stated before the police when their
statement were recorded under Section 161 Cr. P.C. that Amrik Singh had given
the fatal blow to the deceased. Merely because the witnesses have not specifically
stated which blow was given by which accused their evidence cannot be discarded
if it is found to be otherwise reliable. the eye-witnesses had received
injuries during this very incident; and therefore, their presence at the time
of the incident has to be believed. they have specifically stated that after
reaching the spot on hearing cries, they had prevented the accused from giving
further blows to Manna Singh. With respect to this part of their evidence, they
were not contradicted by their police statements. Therefore, there can be no
doubt regarding their having seen the blows given by the appellant merely
because they had not specifically referred to them in their police statements.
The courts below have thought it fit to believe the evidence against Amrik
Singh and we see no reason to differ from the finding recorded in that behalf.
As we
find no substance in this appeal, it is dismissed.
The
appellant was released on bail during the pendency of this appeal. His bail is
cancelled and he is ordered to surrender to custody to serve out the remaining
part of the sentence.
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