PETITIONER: KARAM SINGH & ANR. Vs. RESPONDENT: STATE OF PUNJAB DATE OF JUDGMENT: 20/08/1996 BENCH: KURDUKAR S.P. (J) BENCH: KURDUKAR S.P. (J) MUKHERJEE M.K. (J) CITATION: JT 1996 (7) 349 1996 SCALE (6)74 ACT: HEADNOTE: JUDGMENT:
THE 20TH DAY OF AUGUST, 1996
Present:
Hon’ble Mr. Justice M.K.Mukherjee
Hon’ble Mr. Justice S.P.Kurdukar
S.K.Bagga, Sr.Adv., Seeraj Bagga and Ms.Tanuj Bagga and
Ms.Shureshtha Bagga, Advs. with him for the appellants.
H.M.Singh, Advs for R.S.Suri and K.C.Dua, Advs. for the
Respondent
J U D G M E N T
The following Judgment of the Court was delivered:
Karam Singh & Anr.
V.
State of Punjab
J U D G M E N T
S.P. KURDUKAR, J.
The appellants-accused nos. 1 and 2 respectively were
put up for trial before the Judge, Special Court, Ferozepur
for offences punishable under Sections 302/34 and 363 of the
Indian Penal Code., They were tried by the Special Court,
under the Terrorist Affected Areas (Special Courts) Act. The
appellants have filed this criminal appeal under Section 14
of the Terrorist Affected Areas (Special Courts) Act.
2. The prosecution case may be summarized as under:
Karam Singh (A-1) is the father of Piara Singh(PW 2).
Sardara Singh (A-2) was the employee. of A-1. There was a
dispute between A-1 and Piara Singh (RW 2) as regards the
partition of the-property. Jagir Singh (since deceased) was
related to them. He intervened in the matter and effect a
partition between A-1 and Piara Singh (PW 2). A-1 felt that
the said partition was totally inequitable and Jagir Singh
had shown favour to Piara Singh (PW 2) being related to him
through his wife A-1 and Piara Singh (PW 2) reside in
village Badhini Kalan. Piara Singh (PW 2) owned a saw mill
Sukhdial Singh (PW 3) used to work in the saw mill it is
alleged by the prosecution that on April 13, 1984 in the
evening, Jagir singh had come to the saw mill of Pira Singh
(PW 2). At that time Sukhdial Singh (PW 3) was also present
in the saw mill. At about 8.00 p.m., Piara Singh (PW 2) left
his saw mill to bring food from his house. A-1 at the
relevant time was also having a shop adjacent to the saw
mill and used to sell fuel wood. A-1 in the mean time came
to the saw mil with naked kirpan alongwith A-2. A-1 raised
lalkara that they would teach Jagir Singh a lesson for
favouring Piara Singh while effecting the partition.
Suddenly A-1 and A-2 not to do so. Noticed the incident,
requested A-1 and A-2, Sukhdial singh (PW 3) went to the
ahata of A-1 and knocked the door put nobody responded.
Realizing danger to the life of Jagir Singh forcibly to the
ahata of A-1. Sukhdial Singh (PW 3) went to the ahata of A-1
and knocked the door put nobody responded. Realising danger
to the life of Jagir Singh, Sukhdial singh (PW 3) went to
inform Piara Singh (PW 2) about the incident. Piara Singh(PW
2) then went to the police station, Badhani Kalan and lodged
the FIR 9 Ex.P2 at about 9.00 p.m. The special report was
then despatched to the Illaqa Magistrate at about 11.30
p.m. Hans Raj, ASI (PW 5) accompanied by Piara Singh (PW 2)
and other police officials went to the spot. A-1 was then
found looking his ahata and A-2 standing by the side. Both
the accused care to be arrested. The police party then
noticed the dead body of Jagir Singh which was lying in the
ahata. Crime was then altered to one under Section 302 of
the Indian Penal Code- Hans Raj, ASI( PW 5) commenced the
investigation. During the investigation, parna Ex.M/O/5 of
A-2 was seized since it was stained with blood. Dano
Ex.M/O/4 which was then with A-2 was also seized. Seizure
panchnama was then effected. After completing the necessary
investigation, both the accused were put up for trial and
they came to be charge sheeted for of offences punishable
under Sections 302/34 and 363 of the Indian Penal Code.
3. Both the accused denied the charge and according to
them, they have been falsely implicated in the present
crime. They pleaded that they are innocent and they be
acquitted
4. It is not and cannot be disputed that Jagir Singh met
with a homicidal death. Dr. Jawahar Lal, medical officer,
Civil Hospital, Moga, performed the autopsy on the dead body
of Jagir Singh and noted as many as twelve injuries out of
which three were incised wounds and three were lacerated. In
addition to that there was a ligature mark around the neck.
Dr. Jawahar Lal (PW 1) has opined that the death was due to
asphyxia as a result of strangulation and the injuries to
the head. We see no hesitation in accepting the opinion of
Dr. Jawahar Lal (PW 1).
5. The prosecution in order to bring home the guilt of
both the accused principally relied upon the evidence of
Sukhdial Singh (PW 3) who witnessed a part of the incident,
namely, that both A-1 and A-2 came to the saw mill of Piara
Singh (PW 2) and forcibly dragged Jagir Singh to the ahata
of A-1. Piara Singh (PW 2) was examined to prove that on
getting the information from Sukhdial Singh (PW 3) about the
incident, went to the police station and lodged the FIR
Ex.P3 at about 9.00 p.m. in the same evening. In addition
to the formal witnesses, the prosecution relied upon
certain circumstances namely recovery of parna and dang
from the person of A-2. Prosecution also relied upon the
seizure of turban of A-1 Ex.M/O/10 which was found lying at
the entrance of the saw mill of Piara Singh ( PW 2).
6. The learned Trial Judge after appraisal of the oral and
documentary evidence on record vide his impugned judgment
dated 20th February, 1985 found both the accused guilty of
murder of Jagir Singh and convicted them for an offence
punishable under Section 302 read with 34 of the Indian
Penal Code. In view of the above finding, the learned Trial
Judge, however, did not record any conviction against the
accused under Section 363 of the India Penal Code. The
learned Trial Judge sentenced both the accused to suffer
life imprisonment. It is this order of conviction and
sentence passed by learned Trial Judge which is the subject
matter of challenge in this criminal appeal.
7. Mr.Bagga, the learned Senior Advocate appearing in
support of this appeal urged that there is no direct
evidence as regards the fact of murder of Jagir Singh by any
of the accused. According to learned counsel assuming that
Jagir Singh was dragged by both the accused from the saw
mill to the Ahata of A-1, there is no material on record to
indicate that they were responsible for the murderous
assault on Jagir Singh. He also urged that in the ahata of
A-1, a Transport Union was also running its office and many
truck drivers used to park their vehicles in that area. It
was, therefore, urged that Jagir Singh might have been
assaulted by some unknown persons, but the accused were
implicated in this crime on mere suspicion.
We find no substance in any of these contentions
raised on behalf of the appellants. Piara Singh (PW 2) in
his evidence has stated that A-1 was having a grievance as
regards the partition which was effected by Jagir Singh and
it is this grouse which was prompted A-1 to lay a murderous
assault on Jagir singh. As regards the presence of Jagir
Singh on 13th April 1984 in the evening at the saw mill,
Piara Singh (PW 2) as well as Sukhdial Singh (PW 3) have
stated that Jagir Singh had come there and he was sitting
until Piara Singh (PW 2) left for his house at about 8.00
p.m. to bring his food. What happened thereafter us narrated
by Sukhdial Singh(PW 3). He stated that A-1 came to the saw
mill with naked kirpan alongwith Sardara Singh (A-2) and
forcibly dragged Jagir Singh from the compound of the saw
mill to the ahata owned by A-1 He further stated that after
taking Jagir Singh into ahata they closed the door. The
witness then went to the ahata of A-1 and knocked the door
but, nobody opened it. He then went to inform Piara Singh
(PW 2) about this incident who (PW 2) thereafter went to the
police station and lodged FIR Ex. P3 at about 9.00 p.m.
After recording the First Information Report, Hans Raj ASI
(PW S) accompanied by Piara Singh (PW 2) and same police
officials came to the ahata of A-1.
8. Piara Singh (PW 2) and Sukhdial Singh (PW 3) have stated
that when the police party came to the ahata of A-1, they
saw A-1 was standing with the blood stained kirpan in his
hand at that place. A-2 was also standing by his side. Both
the witnesses further stated that the dead body of Jagir
Singh was lying in that ahata. It needs to be mentioned at
this stage that at about 8.00 p.m., Jagir Singh was forcibly
dragged by A-1 and A-2 and he was then taken to the ahata of
A-1. The door of the ahata was closed and despite knocking
the said door by Sukhdial Singh (PW 3) nobody responded.
Within an hour, the police party alongwith Piara Singh (PW
2) reached the ahata of A-1 and they noticed the dead body
of Jagir Singh at that ahata and A-1 and A-2 were standing
near the dead body. The only legitimate inference that must
follow from the aforementioned evidence is that Jagir Singh
was done away with by both the accused in the ahata of A-1.
There was hardly any time for Piara Singh (PW 2) or Sukhdial
Singh (PW 3) to concoct a false story against the accused.
We have carefully gone through the evidence of PW 2 and PW 3
and we see no hesitation in accepting the same as reliable.
There is nothing in their cross-examination which would
discredit their testimony.
9. In addition to the evidence that we have discussed
hereinabove, there are two other very telling circumstances
which are pointer to the guilt of the accused. During
investigation, a turban of A-1 found in the saw mill. It was
seized and marked as Ex.M/O/10. On this turban, name of A-1
(Karam Singh) was printed. Seizure of this turban in the
compound of saw mill of Piara Singh (PW 2) corroborates the
story narrated by Sukhdial Singh (PW 3) that both accused
had come to saw mill and forcibly dragged Jagir Singh
therefrom. No exploration whatsoever is coming from A-1 as
to how his turban was found in the compound saw mill of
Piara Singh (PW 2). Mr. Bagga, learnad counsel, however.
urged that the seizure of turban Ex.M/O/10 is nothing but a
bogus seizure. He urged that such a recovery and seizure has
got to be rejected because no names are printed on turbans.
We are again not impressed by this argument because infact
such a seizure was made and it was proved by the Pach
witnesses and the Investigating Officer.
10. The next connecting circumstance is the seizure of
Ex.M/O/5 from the said of A-2. The said was stained with
human blood and the Serologist reported it to be human blood
(Ex. P20). No explanation whatsoever was given by A-2 as to
how his parna was stained with human blood. The serologist
in his report Ex.P20 also found that the earth from the
ahata of A-1 and kirpan seized from A-1 were stained with
Human blood. All these circumstance clearly and conclusively
establish that both the accused were responsible for murder
of Jagir Singh.
It was then urged by Mr. Bagga that it is highly
improbable that A-1 and A-2 would stand in the ahata with a
naked kirpan for more than one hour. The prosecution story
is highly improbable and could not be made basis for
conviction. We see no merit in this contention since there
is direct evidence of Piara Singh (PW 2) and Sukhdial Singh
(PW 3) as also the investigating officer Hans Raj ASI (PW 5)
to establish this fact.
12. In the result, the appeal falls and the same is
dismissed. A-1 and A-E to surrender to their bailbonds
forthwith to serve out the remainder of their sentences.