Singh & Ors. Vs. State of Punjab  INSC 1492 (26 August 2009)
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1288
OF 2007 Jarnail Singh and Ors. ...Appellants Versus State of Punjab
This appeal has been preferred by the appellants against the
judgment and order dated 31st August, 2005 of the Punjab and Haryana High Court
dismissing their appeals and affirming the conviction and sentence awarded by
the Trial Court vide its judgment and order dated 8.1.2004 in Sessions Trial
under Sections 302, 148, 149, 307, 364, 342, 506, 201, 120-B of the Indian
Penal Code, 1860 (in short the `IPC') and under Section 30 of the Arms Act,
1959 (in short the `Arms
Act') awarding life imprisonment and other sentences.
The facts and circumstances giving rise to this appeal are, that
an First Information Report (in short the `FIR') was lodged on 24th June, 2000
on the basis of a statement of Darshan Singh (PW-4) that he was living with his
sister Gurcharan Kaur for the last 3= years at village Nandpur as his nephew
Gurjeet Singh, son of his sister Gurcharan Kaur, had been murdered by Rattan
Singh and Balbir Singh, close relatives of Gurcharan Kaur in 1997. On 23rd
June, 2000 at about 10.00/11.00 p.m., when Darshan Singh (PW-4) was having his
meal at his tube well after preparing his fields for plantation of paddy crop,
about 30 persons armed with fire arms came in five vehicles (cars and jeeps)
from the side of village Dadiana. They started shouting and firing shots in the
air. They came to the tube well and caught hold of Darshan Singh (PW-4) and
injuries were inflicted on him with the butts of rifle on his head, chest and
back. Migrant labourers (migrated from Bihar) sitting on the tube well also
suffered injuries. There had been a dispute on the land as the same was
purchased by Inderjit Singh (Accused) 2 from Rattan Singh, Balbir Singh and
Rajwinder Kaur. Inderjit Singh wanted to take possession of the land from the
complainant party forcibly.
The migrant labourers tried to run away, however, one Jaldhar
received the gun injury who was taken by the assailants in the jeep alongwith
two other labourers Sikandar Rai (PW-6) and Babu Lal (PW-7) under the pretext
that the injured will get proper treatment at Patiala.
Singh (PW-4) alongwith two labourers Nand Kishore and Budhu was detained in a
room of the tube well. In the morning at 6.00 a.m., the assailants took Darshan
Singh (PW-4) alongwith Nand Kishore and Budhu in a car to village Dadiana.
There had been 3.12 bore guns in the car and after taking them to several
places they were brought back to the tube well at 10.30 a.m.
On the basis of the said report, a case was registered under
Sections 342/336/323/506/148/149/120-B IPC and under Sections 25/27/54/59 of
Act. On 27th June, 2000 statement of Babu Lal (PW-7)
that he was taken alongwith Jaldhar injured, with Sikandar Rai (PW-6) and they
were taken to Ambala Railway Station in a vehicle and had been given Rs.900/-
for meeting the expenses to travel back to Bihar.
they came back to Mohali and informed the other migrant 3 labourers about the
incident and, also, that he was suspicious that Jaldhar had been killed. Thus,
on the basis of the said statement, Sections 307 and 364 IPC were added to the
previous sections. Again on 4th July, 2000 statement of Sikander Rai (PW-6) was
recorded. He had stated that Jaldhar died on the spot but in order to avoid the
hue and cry of the labourers, the assailants had taken the dead body under the
pretext to get him proper treatment and the dead body was thrown in the canal
at about 2.30 a.m. in the night. He had been threatened that, in case, he
disclosed the factum of the death of Jaldhar he would also be killed. Thus, on
the basis of his statement, offence punishable under Section 302 IPC was also
The police recovered the dead body of Jaldhar on 5.7.2000 from the
canal about 40 KM. away from the place of occurrence and post mortem was
conducted. After completing investigation, the charge sheet was submitted
against the appellants alongwith Inderjit Singh, Gurdeep Singh, Balbir Singh,
Kanwal Preet Singh and Amarjit Singh. The prosecution examined 19 witnesses to
prove its case including the complainant Darshan Singh (PW-4), Sikandar Rai
(PW-6) and Babu Lal (PW-7). However, Amarjeet Singh, who was leader of the
assailants remained absconding and thus, could not be put to trial. The trial
Court convicted all the accused persons and sentenced them to undergo RI for
life under Section 302/149 IPC and to pay 4 a fine of Rs.1,000/- each, in
default further to undergo RI for one year. They were also sentenced to undergo
RI for one year under Section 148 IPC. All the accused persons were sentenced
to undergo RI for five years under Section 307/149 IPC and to pay a fine of
Rs.500/- each; in default to further undergo RI for one year. They were
sentenced to undergo RI for two years under Section 364 IPC and to pay a fine
of Rs.100/- each; in default to further undergo RI for one year. All the
accused persons were sentenced to undergo RI for six months under Section 342
IPC. They were also sentenced to undergo RI for six month under Section 506
IPC. All the accused persons were also sentenced to under RI for one year under
Section 201 IPC and to pay a fine of Rs.100/- each; in default to further
undergo RI for one year.
accused persons were sentenced to undergo RI for six months under Section 120-B
IPC. Accused Inderjit Singh was also sentenced to undergo RI for one year under
Section 30 of the Arms Act and to
pay a fine of Rs.100/- each and in default to further undergo RI for one year.
aggrieved, all the convicted persons preferred six appeals before the High
Court which were heard together. The High Court vide its judgment and order dated
31.8.2005 allowed the Criminal Appeals filed by Gurdip Singh and Balbir Singh
against whom the charge of conspiracy had 5 been framed and dismissed other
four appeals and maintained the conviction and sentences awarded by the Trial
Against the said common judgment and order of the High Court,
Inderjit Singh (Accused), the purchaser of the land in dispute from Rattan
Singh, Balbir Singh and Smt. Rajwinder Kaur preferred the Special Leave
Petition before this Court and it stood dismissed. Kanwal Preet Singh did not
prefer any Special Leave Petition. The other remaining convicted persons filed
Shri Subhash Sharma, learned counsel appearing for the appellants
has agitated all the issues which had been raised before the Courts below and
his thrust of arguments had been that, the Criminal Appeals preferred by Gurdip
Singh and Balbir Singh had been allowed by the High Court disbelieving the
theory of conspiracy for taking possession of the said disputed land forcibly.
Therefore, if the foundation of the case disappears, the entire case goes. More
so, it is submitted that names of the appellants had not been mentioned in the
FIR. There was inordinate delay in lodging the FIR. The dead body of the
Jaldhar (deceased) was recovered after about two weeks of the incident. The
body was completely in a decomposed state.
was not in a condition where one could identify the body and in 6 such a fact
situation, the appellants ought to have, also been acquitted by the High Court.
On the contrary, Shri Kuldeep Singh, learned counsel for the State
has submitted that the issue of delay in lodging the FIR has been fully
considered by the courts below and the courts were satisfied that there was no
delay at all as the complainant/informant remained in the custody of the
assailants. The doctors who conducted the post mortem deposed that the body
could be identified and it has been identified by Sikandar Rai (PW-6).
More so, the acquittal of Gurdip Singh and Balbir Singh by the
High Court would have no bearing on the merits of the case, for the reason,
that Rattan Singh and Balbir Singh had already sold the land to Inderjit Singh.
They wanted to get rid of the land as it had been a subject matter of
litigation between the parties for long and it was Inderjit Singh who had the
grudge and wanted to take forcible possession of the land from the complainant
party. The appeal lacks merit and is liable to be dismissed.
We have considered the rival submissions made by learned counsel
for the parties and perused the record.
The land in dispute belonged to one Dalip Singh who had three
sons, namely, Gurbux Singh, Hakam Singh and Rattan Singh. It appears that the
land had come in the share of Rattan Singh and as he was not having any issue,
he had taken in adoption Balbir Singh, son of his wife's sister.
Kaur got married with Balbir Singh. Gurbux Singh and his wife Gurcharan Kaur
were having the claim on the said land and, in this dispute, their son Gurjit
Singh was murdered in 1997 by Rattan Singh and Balbir Singh. In the said case,
Balbir Singh stood convicted and his appeal was pending before the High Court.
In view of long pending dispute over the land it was decided by Rattan Singh,
Balbir Singh and Rajwinder Kaur to get rid of the same and an agreement to sell
was executed in favour of Inderjit Singh after receiving the sale consideration
on 14th February, 2000. Inderjit Singh after having the agreement, wanted to
take forcible possession of land from Gurcharan Kaur and her son Mandeep Singh.
Rattan Singh, Balbir Singh and Rajwinder Kaur after receiving the consideration
money for the land and executing the agreement might not be very much
interested in the land or to recover the possession thereof. Prosecution case
had been that it was Balbir Singh, who hatched the conspiracy to take forcible
possession of the land.
After considering the oral as well as documentary evidence on
record, the High Court came to the conclusion that the statement of Gurcharan
Singh (PW-18) in respect of the fact of hatching a conspiracy by Balbir Singh
and Gurdip Singh, at the bus stand Bassi Pathana on 21 st June, 2000 at
7.30/8.00 p.m. was not worthy of credence. Gurcharan Singh (PW-18), a chance
witness could not explain under what circumstances he was present at the bus
stand at the said time.
In Sachchey Lal Tiwari v. State of U.P. (2004) 11 SCC 410, this
Court while considering the evidentiary value of the chance witness in a case
of murder which had taken place in a street and passerby had deposed that he
had witnessed the incident, observed as under:
the offence is committed in a street only passer- by will be the witness. His
evidence cannot be brushed aside lightly or viewed with suspicion on the ground
that he was a mere chance witness. However, there must be an explanation for his
The Court further explained that the expression `chance witness'
is borrowed from countries where every man's home is considered his castle and
every one must have an explanation for his presence elsewhere or in another
man's castle. It is quite unsuitable an expression in a country like 9 India
where people are less formal and more casual, at any rate in the matter of
explaining their presence.
The evidence of a chance witness requires a very cautious and
close scrutiny and a chance witness must adequately explain his presence at the
place of occurrence (Satbir v. Surat Singh (1997) 4 SCC 192; Harjinder Singh v.
State of Gujarat (2004) 11 SCC 253; Acharaparambath Pradeepan & Anr. v.
State of Kerala (2006) 13 SCC 643; and Sarvesh Narain Shukla v. Daroga Singh
and Ors. (2007) 13 SCC 360).
of a chance witness whose presence at the place of incident remains doubtful
should be discarded (vide Shankarlal v. State of Rajasthan (2004) 10 SCC 632).
Conduct of the chance witness, subsequent to the incident may also be taken
into consideration particularly as to whether he has informed anyone else in
the village about the incident. (vide Thangaiya v. State of Tamil Nadu (2005) 9
Gurcharan Singh (PW-18) met the informant Darshan Singh (PW-4)
before lodging the FIR and the fact of conspiracy was not disclosed by
Gurcharan Singh (PW-18) and Darshan Singh (PW-4). The fact of conspiracy has
not been mentioned in the FIR. Hakam Singh, the other witness on this issue has
not been examined by the prosecution. Thus, the 10 High Court was justified in
discarding the part of the prosecution case relating to conspiracy. However, in
the fact situation of the present case, acquittal of the said two co-accused
has no bearing, so far as the present appeal is concerned.
Undoubtedly, in the FIR appellants' name have not been mentioned.
is not the encyclopedia of all the facts relating to crime. The only
requirement is that at the time of lodging FIR, the informant should state all
those facts which normally strike to mind and help in assessing the gravity of
the crime or identity of the culprit briefly.
In the FIR, in addition to the names of Balbir Singh and Gurdip
Singh, name of Amarjit Singh, the absconding accused, has been mentioned. The
complainant Darshan Singh (PW-4) has also mentioned that he could identify some
of the assailants if they come before him. Thus, the complainant was not aware
of the names of all the accused persons. The submission in this regard remain
preposterous. The motive for committing the offence has fully been explained
therein that they wanted the forcible possession of the land from the
complainant party. The land in dispute had also been the cause of murder of
nephew of the informant Darshan Singh (PW-4) as his nephew Gurjeet Singh was
killed by Rattan Singh and Balbir 11 Singh, the vendors of the land to Inderjit
Singh. The delay in lodging FIR has fully been explained by the prosecution and
both the courts below have accepted the same. The concurrent findings recorded
by the courts below on this issue do not warrant any interference whatsoever in
this Court. Sikandar Rai (PW-6) and Babu Lal (PW-7) had been the two
come from Bihar as migrant labourers. No explanation could be furnished by Shri
Subhash Sharma, learned counsel for the appellants as to for what reason either
of the said witnesses could depose falsely. Sikandar Rai (PW-6) had been all
along with the deceased Jaldhar and he had also witnessed the throwing of his
dead body in the canal. The Tata Sumo vehicle used in the offence was
recovered. It belonged to Inderjit Singh, vendee of the land. There is full
corroboration to the prosecution case by Sikandar Rai (PW-6) and Babu Lal
(PW-7). Both of them had been cross examined by the learned counsel appearing
for the appellants but nothing could be elicited which could shake their
Darshan Singh (PW-4) was an injured witness. He had been examined
by the doctor. His testimony could not be brushed aside lightly. He had given
full details of the incident as he was present at the time when the assailants
reached the tube well.
In Shivalingappa Kallayanappa v. State of Karnataka 1994 Supp (3)
SCC 235, this Court has held that the deposition of the injured witness should
be relied upon unless there are strong grounds for rejection of his evidence on
the basis of major contradictions and discrepancies, for the reason that his
presence on the scene stands established in case, it is proved that he suffered
the injury during the said incident.
In State of U.P. v. Kishan Chand and Ors. (2004) 7 SCC 629, a
similar view has been re-iterated observing that the Testimony of a stamped
witness has its own relevance and efficacy. The fact that the witness sustained
injuries at the time and place of occurrence, lends support to his testimony
that he was present during the occurrence. In case the injured witness is
subjected to lengthy cross examination and nothing can be elicited to discard his
testimony, it should be relied upon (vide Krishan & Ors. V. State of
Haryana (2006) 12 SCC 459). Thus, we are of the considered opinion that
evidence of Darshan Singh (PW-4) has rightly been relied upon by the courts
22 The main contention raised by Shri Subhash Sharma, learned
counsel for the appellants is that identification parade was never held though
it was necessary in the facts and circumstances of the case for the reason that
the 13 names of the appellants have not been mentioned in the FIR. However, we
do not find any substance in such an argument for the reason that S.I. Gurdial
Singh (PW-12), the investigating officer has made it clear in his cross
examination that identification parade could not serve any purpose for the
reason that the witnesses were present at the time of arrest of the accused,
rather they had been arrested on identification by the witnesses.
(PW-7) was present at the time of their arrest. At the time of recovery of
vehicle Tata Sumo, Sikandar Rai (PW-6) was present in the vehicle itself and it
was recovered when accused Inderjit Singh was driving the vehicle and four
other accused were also sitting therein. In such a fact situation, though
identification in a case like this, may be of paramount importance, but in view
of the fact that the accused had been identified by the witnesses at the time
of arrest itself, holding the identification parade would have been a futile
Identification parade is of paramount importance in a criminal
Bahri v. State of Bihar AIR 1994 SC 2420, this Court held that when the accused
person is not previously known to the witness concerned, the identification of
the accused by the witness soon after his arrest is of great importance because
it furnishes an assurance that the investigation is proceeding on right lines
in addition to furnishing corroboration of the 14 evidence to be given by the
witness later in court at the trial. But the position would be entirely
different when the accused or culprit who stands trial had been seen at times
by the witness as it may do away with the necessity of identification parade.
Where the accused has been arrested in presence of the witness
accused has been shown to the witness or even his photograph has been shown by
the Investigating Officer prior to test identification parade, holding
identification parade in such facts and circumstances remained inconsequential.
(vide Shaikh Umar Ahmade Shaikh v. State of Maharasthra AIR 1998 SC 1922;
Dastagir Sab & Anr. v. State of Karnataka (2004) 3 SCC 106; and Maya Kaur
Baldevsingh Sardar & Anr. v. State of Maharashtra (2007) 12 SCC 654).
It has been vehemently submitted by Shri Subhash Sharma, learned
counsel for the appellants that the dead body of Jaldhar, deceased had been
completely de-composed as it remained in the water for two weeks, and there was
no material before the trial Court to hold that the dead body recovered from
the canal was that of Jaldhar, deceased. The trial Court as well as the High
Court has considered this issue with care and caution. Dr. D.S. Bhullal (PW-2)
who conducted the post mortem alongwith Dr. O.P. Aggarwal had opined that the
death was due to fire arm injuries as the body was having lacerated wound 0.5
cm x 0.5 cm on the right side of head underneath skull bone and 1 cm x 0.75 cm
lacerated wound with everated margins was also present on the left side of the
head. Underneath skull bone shows irregular opening of the same size. Dr.
Bhullal (PW-2) has deposed that the body was highly decomposed and grossly
swollen wearing shirt, pant and underwear. The injuries found on the dead body
were ante-mortem and sufficient to cause death in the ordinary course of
nature. The dead body was identified by Sikandar Rai (PW-6) and Babu Lal
(PW-7). The trial Court had considered the deposition made by Dr. Bhullal
(PW-2) and other evidence particularly, the deposition of Sikandar Rai (PW-6)
and Babu Lal (PW-7) and came to the conclusion that, in spite of the fact, that
the body was highly de-composed as it remained in water for two weeks, the
identity of Jaldhar, the deceased stood proved from the consistent and cogent
statements furnished by Darshan Singh, complainant (PW-4) and two labourers
Sikandar Rai (PW-6) and Babu Lal (PW-7) who proved the presence of the deceased
at the relevant time when the incident had taken place in which the fire shot
was made by the accused. The witnesses had fully identified the clothes found
on the person of the deceased as they were same at the time of incident and at
the time of recovery of the dead body.
victim/deceased was not having any injury on his person the 16 argument of the
defence counsel could have been of some substance. But as in the instant case,
Dr. Bhullal (PW-2) proved the injuries of fire arm on forehead of the deceased
which was fully corroborated by the other witnesses, the question of any doubt
in identification of the dead body of Jaldhar, deceased could not arise. The
High Court has considered the issue taking into account the depositions of
other witnesses Sikandar Rai (PW-6) and Babu Lal (PW-7) and affirmed the said
In the instant case as the dead body of Jaldhar had been
identified by two fellow labourers and the medical evidence is same as that of
ocular evidence and the dead body was found with the clothes which Jaldhar was
wearing at the time of incident, the issue of identification does not require
any further consideration. In a case where the dead body is found in a jungle
which had been eaten away by vultures or other animals and garments have also
been found in torn condition and the dead body stood converted into a skeleton
and has been fully de-composed, the identification of the dead body may not be
a trustworthy evidence and in such a case the DNA test may be required. (vide
Keshav v. State of Maharashtra (2007) 13 SCC 284). But in the instant case, the
facts are not the same. Thus, in view of the above, we are of the considered
opinion that the finding recorded by the 17 courts below on the issue of
identification of dead body also does not call for any interference.
In view of the above, we find no exceptional circumstance
warranting interference by this Court. Appeal lacks merit and is accordingly
.................................J. (HARJIT SINGH BEDI)