{"id":106049,"date":"1973-08-31T00:00:00","date_gmt":"1973-08-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/harchand-singh-anr-vs-state-of-haryana-on-31-august-1973"},"modified":"2018-01-14T10:31:35","modified_gmt":"2018-01-14T05:01:35","slug":"harchand-singh-anr-vs-state-of-haryana-on-31-august-1973","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/harchand-singh-anr-vs-state-of-haryana-on-31-august-1973","title":{"rendered":"Harchand Singh & Anr vs State Of Haryana on 31 August, 1973"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Harchand Singh & Anr vs State Of Haryana on 31 August, 1973<\/div>\n
Equivalent citations: 1974 AIR 344, \t\t 1974 SCR (1) 583<\/div>\n
Author: H R Khanna<\/div>\n
Bench: Khanna, Hans Raj<\/div>\n
           PETITIONER:\nHARCHAND SINGH & ANR.\n\n\tVs.\n\nRESPONDENT:\nSTATE OF HARYANA\n\nDATE OF JUDGMENT31\/08\/1973\n\nBENCH:\nKHANNA, HANS RAJ\nBENCH:\nKHANNA, HANS RAJ\nALAGIRISWAMI, A.\n\nCITATION:\n 1974 AIR  344\t\t  1974 SCR  (1) 583\n 1974 SCC  (2) 397\n\n\nACT:\nPenal Code-Accused convicted under s. 304 11 read with s. 34\nby the trial court-on cross appeal.  High Court\t substituted\nconviction u\/s. 304 to conviction u\/s 302 R.W.S.  34-Whether\nconviction  possible,  when prosecution produces  a  set  of\nevidence which contradict and strikes at the other.\n\n\n\nHEADNOTE:\nSix persons were tried in the Court of Addl.  Sessions Judge\nin connection with the death of the victim.  The trial Court\nacquitted 3 but convicted 2 under Sec. 304 Part II read with\ns.  34\tI.P.C.\tand the other one was  convicted  under\t 323\nI.P.C. and they were sentenced accordingly.\nTwo  cross  appeals  were,  thereafter,\t filed-one  by\t the\nconvicts  challenging their conviction and the other by\t the\nState praying that the convictions of the 3 accused be under\ns. 302 read with s. 34, I.P.C. The High Court acquitted\t one\nof  them but convicted the other two under s. 302 read\twith\nS. 34 I.P.C. and sentenced them to undergo imprisonment\t for\nlife and hence the appeal before this Court.\nThe  prosecution, in support of its case, examined two\tsets\nof eye witnesses.  The evidence of one set consisted of\t the\ntestimony of three eye witnesses.  The trial court, did\t not\nplace  any reliance upon their testimony nor upon the  dying\ndeclaration.  The other eye witness upon whose testimony the\nprosecution and the trial court placed reliance was P.W. 14,\nwho professed to be working with the deceased at the time of\noccurrence.\nAllowing the appeal,\nHELD  : The function of the Court in a Criminal Trial is  to\nfind whether the person arraigned before it is guilty of the\noffence\t with  which he is charged.  For this  purpose,\t the\nCourt scans the material on record to find whether there  is\nany  reliable and trust 'worthy evidence upon the  basis  of\nwhich it is possible to convict the accused and to hold that\nhe is guilty of the offence with which he is charged.  If in\na case, the prosecution leads two sets of evidence, each one\nof which contradict and strikes at the other and shows it to\nbe unreliable. the conviction cannot be sustained. [587E]\nVadivalu  Thevar v. The State of Madras, [1957] S.C.R.\t981,\nreferred to and distinguished.\n\n\n\nJUDGMENT:\n<\/pre>\n
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 32  of
\n1970.\n<\/p>\n
From  the Judgment and order dated the 23rd April,  1969  of
\nthe  Punjab and Haryana High Court in Criminal\tAppeal\tNos.
\n320 and 672 of- 1967.\n<\/p>\n
Nuruddin Ahmed and D. Goburdhan, for the appellants.
\nH. S. Marwah and R. N. Sachthey. for the respondent
\nThe Judgment of the Court was delivered by
\nKHANNA,\t J. Harchand Singh, Jaswant Singh, Jaswinder  Singh,
\nSadhu  Singh, Gaijan Singh and Labh Singh were tried in\t the
\ncourt  of Additional Sessions Judge, Ludhiana in  connection
\nwith an occurrence
\n584<\/span>
\nwhich resulted in the death of Ajaib Singh.  The trail court
\nacquitted   Sadhu  Singh,  Gajjan  Singh  and  Labh   Singh.
\nHarchand and Jaswant Singh were convicted by the trail court
\nunder section 304 part It read with section 34 Indian  Penal
\nCode  and  each of them was sentenced  to  undergo  rigorous
\nimprisonment  for a period of seven years.  Jaswinder  Singh
\nwas  convicted\tunder  section 323  Indian  Penal  Code\t and
\nsentenced  to undergo rigorous imprisonment for a period  of
\none  year.  Two cross appeals were thereafter filed  in\t the
\nPunjab\tit  Haryana High Court.\t One of the appeals  was  by
\nHarchand   Singh,   Jaswant  Singh   and   Jaswinder   Sing,
\nchallenging  their conviction.\tThe other appeal was by\t the
\nState of Punjab wherein it was prayed that the conviction of
\nHarchand  Singh,jaswant singh and Jaswinder Singh should  be
\nunder  section 302 read with section 34 Indian\tPenal  Code.
\nThe High Court acquitted Jaswinder Singh.  The appeal by the
\nState against Harchand Singh and Jaswant Singh was  accepted
\nand those two accused were convicted under section 302\tread
\nwith  section  34  Indian Penal Code and each  of  them\t was
\nsentenced to undergo imprisonment for life.  HArchand  Singh
\nand Jaswant Singh thereafter came up in appeal to this Court
\nby special leave.\n<\/p>\n
The prosecution case is that Gulab Kaur widow of Jwala Singh
\nmade  a will of land measuring about fifty bighas in  favour
\nof  Ajaib Singh deceased and his brother Tej  Singh.   Gulab
\nSingh  died about two years before the\tpresent\t occurrence.
\nAfter  her  death,  the land of Gulab  Kaur  was  under\t the
\ncultivating  possession of Ajaib Singh and Teja Singh.\t The
\naccused\t are  collaterals of Jwala Singh, husband  of  Gulab
\nKaur and felt aggrieved because of the execution of the will
\nby  Gulab Kaur in favour of Ajaib Singh and Teja Singh.\t  On
\nJune  12, 1966 at about 10 or 11 a.m., it is  stated,  Ajaib
\nSingh went to work his well known as “nawa Khu” in the\tarea
\nof  village Jaipura.  The six accused, who were\t present  at
\ntheir  well  close  to the well of Ajaib  Singh,  then\tcame
\nthere.\t Sadhu\tSingh and Harchand Singh at that  time\twere
\narmed with barchhas.  Jaswinder Singh, Gajjan Singh and Labh
\nSingh  had  gandasas, Jaswant Singh had takwa.\t On  arrival
\nthere,\tthe accused stated that they would not\tallow  Ajaib
\nSingh to take water from the well.  The accused also  stared
\ninflicting  injuries upon Ajaib Singh with their  respective
\nweapons.   The\toccurrence, it is stated, was  witnessed  by
\nAjaib  Singh’s two sons Amarjit Singh and Mal Singh as\twell
\nas by his brother Teja Singh.  Amarjit Singh, Mal Singh\t and
\nTeja  Singh were stated to be present in a nearby  field  at
\nthat  time.  They rushed to the spot where Ajaib  Singh\t was
\nbeing  assaulted.  The accused then ran away.\tAjaib  Singh
\nwas  put on a cart was taken first to Duraha and  thereafter
\nto  Payal.   As the doctor was not available either  in\t the
\nDuraha Hospital or Payal hospital, Ajaib Singh was taken  in
\na  taxi to Khanna.  The party arrived at Khanna hospital  at
\nabout 6.30 p.m. Dr. Shamsher Singh incharge of the  hospital
\nthen sent an intimation to police station Khanna statin that
\nAjaib Singh’s condition was serious and his statement  might
\nbe recorded.  ASI Harbhajan Singh then went to the  hospital
\nand  recorded statement PIK of Ajaib Singh at 7.30  p.m.  In
\nthe  said  statement, Ajaib Singh gave the  version  of\t the
\noccurrence as given above.  Ajaib Singh died in the hospital
\nsoon thereafter at 8.45 p.m.
\n585<\/span>
\nIntimation  about the recording of the dying declaration  of
\nAjaib  Singh was sent to police station Payal.\tA  case\t was
\nthereupon  registered  at that police station and  a  formal
\nfirst  information report was prepared on the basis  of\t the
\ndying declaration of Ajaib Singh.\n<\/p>\n
Sub  Inspector Hoshiar Singh took over the investigation  of
\nthis  case.  He arrested the accused on June 16,  1966\twhen
\nthey  were  found to be hiding at Duraha  power-house.\t The
\ndifferent  accused were thereafter  interrogated.   Harchand
\nSingh  then got recovered a blood-stained barchha.   Jaswant
\nSingh  got recovered a blood-stained takwa, while  Jaswinder
\nSingh got recovered a blood-stained gandasa.
\nPost mortem examination on the body of Ajaib Singh  deceased
\nwas  performed by Dr. Gurcharan Singh Randhrawa on June\t 13,
\n1966 at I p.m.
\nAt  the\t trial the accused the prosecution  allegations\t and
\nstated\tthat they had been falsely involved in the  case.The
\ntrial court did not place any reliance upon the testimony of
\nAmarjit Singh (PW2), Mal Singh (PW 3), and Teja Singh  (PW4)
\nwho were examined as eye witnesses of the occurrence and who
\nhad  supported\tthe prosecution case, as given\tabove.\t The
\ntrial  court did not also place any reliance upon the  dying
\ndeclaration  of Ajaib Singh.  Reliance was, however,  placed
\nby the trial court upon the evidence of Ram Asra (PW 14) who
\nprofessed  to  be working with the deceased at the  time  of
\noccurrence.  Ram Asra’s statement, it would appear from\t the
\nrecord,\t was recorded by the police on June 13, 1966  during
\nthe investigation of the case.\tAccording to Ram Asra,\tonly
\nthree of the accused, namely, Harchand Singh, Jaswant  Singh
\nand  Jaswinder\tSingh  were  present  at  the  time  of\t the
\noccurrence, while the other three accused were not  present.
\nIt  was\t further stated by Ram Asra that injuries  to  Ajaib
\nSingh deceased had been caused by Harchand Singh with a drat
\n(sickle)  and by Jaswant Singh with a kirpan.  Relying\tupon
\nthe evidence of Ram Asra, the trial court convicted Harchand
\nSingh  and Jaswant Singh for offence under section 304\tpart
\n11 read with section 34 Indian Penal Code.  Jaswinder Singh,
\nwho  was  stated  to be\t emptyhanded,  was  convicted  under
\nsection 323 Indian Penal Code.\n<\/p>\n
When  the matter was taken up in appeal to the\tHigh  Court,
\nthe  learned Judges took the view that the trial  court\t was
\nnot  justified\tin  throwing  over-board  the  testimony  of
\nAmarjit\t Singh,\t Mal Singh and Teja Singh.  The\t High  Court
\nafter taking into consideration the evidence of those  three
\nwitnesses  as well the evidence of Ram Asra PW came  to\t the
\nconclusion that the complicity of Harchand Singh and Jaswant
\nSingh  was established beyond any reasonable doubt.  So\t far
\nas  Jaswinder Singh was concerned, the High Court held\tthat
\nno  case has been proved against them.\tThe High  Court\t was
\nfurther of the opinion that the case against Harchand  Singh
\nand  Jaswant Singh fell under section 302 read with  section
\n34  and not under section 304 part II read with\t section  34
\nIndian\tPenal Code.  Harchand Singh and Jaswant\t Singh\twere
\naccordingly convicted and sentenced as above.\n<\/p>\n
586<\/span><\/p>\n
We  have heard Mr. Nuruddin on behalf of the appellants\t and
\nMr.  Marwah  on behalf of the State and are of\tthe  opinion
\nthat the conviction of the appellants cannot be sustained.
\nIt  cannot be disputed that a murderous assault was made  on
\nAjaib Singh on the day of occurrence as a result of which he
\ndied.\tThe  evidence of Dr. Shamsher  Singh,  who  examined
\nAjaib Singh when he was taken to Khanna hospital as well  as
\nthe  evidence of Dr. Gurcharan Singh Randhawa who  performed
\npost mortem examination on the dead body, shows that as many
\nas  eighteen  injuries\twere  inflicted\t upon  Ajaib   Singh
\ndeceased.  Out of them, seven had been caused by sharp-edged
\nweapons.  Death, in the opinion of Dr. Randhawa, was due  to
\nshock and hemorrhage as a result of the cumulative effect of
\nthe injuries.  According to the case of the prosecution, the
\ntwo  appellants joined in the assault on the deceased  as  a
\nresult of which the latter died.  The prosecution in support
\nof  its\t case  examined\t two sets  of  eye  witnesses.\t The
\nevidence  of  one set consists of the testimony\t of  Amarjit
\nSingh, Mal Singh and Teja Singh.  So far as these  witnesses
\nare  concerned, the trial court came to the conclusion\tthat
\nthey  were not present near the scene of occurrence and\t had
\nnot witnessed the occurrence.  The trial court in support of
\nthis  conclusion gave reasons which appear to be cogent\t and
\nweighty\t and find no particular ground to take\ta  different
\nview.\tThe  evidence  of Ram Asra,  who  according  to\t the
\nprosecution  case was with Ajaib Singh deceased at the\ttime
\nof  the occurrence, shows that Amarjit Singh, Mal Singh\t and
\nTeja  Singh were not present at the time of occurrence.\t  If
\nAmar jit Singh, Mal Singh and Teja Singh had been present at
\nor  about the place of occurrence and had actually seen\t the
\noccurrence,  it is difficult to believe that Ram Asra  would
\nhave  remained\tunaware\t of their  presence.   According  to
\nAmarjit\t Singh,\t Mal  Singh and Teja  Singh,  they  saw\t the
\noccurrence  while  they were coming from then  house.\tThey
\nwere  at  a distance of about 60 karams from  the  place  of
\noccurrence when they, heard alarm being raised and on coming
\nnearer\tthey  saw the six accused inflicting  injuries\tupon
\nAjaib  Singh  deceased,\t As against, that,  the\t version  of
\nAjaib  Singh deceased in the dying declaration was that\t the
\nabove  mentioned three witnesses were working in  the  field
\nnearby when he was assaulted by the accused.  Amarjit Singh,
\nMal  Singh and Teja Singh claimed that they were  proceeding
\nfrom  their house to the well with Tokras and Kahis for\t the
\npurpose of consolidating the new channel with earth filling.
\nIf  that  was the purpose for which they were going  to\t the
\nwell, they would have gone there before and in any case\t not
\nafter  Ajaib Singh deceased so that they might\tprepare\t the
\nchannel before Ajaib Singh started operation of the  persian
\nwheel  at  the\twell.\tWe  thus  find\tthat  not  only\t the
\nexplanation given by Amarjit Singh, Mal Singh and Teja Singh
\nregarding  their  arrival at that time\tis  not\t convincing,
\nthere is material discrepancy in the version of Ajaib  Singh
\ndeceased  in  his  dying declaration and  the  testimony  of
\nAmarjit\t Singh, Mal Singh and Teja Singh PWs  regarding\t the
\npresence  of  these  witnesses\tat or  about  the  place  of
\noccurrence.   On  the  top  of all this\t we  find  that\t the
\nevidence of Ram Asra, upon which reliance has been placed by
\nthe prosecution shows that Amarjit Singh, Mal Singh and Teja
\nSingh were not there and had not witnessed the occurrence.\n<\/p>\n
587<\/span><\/p>\n
The  other  eye witness, upon whose testimony  reliance\t has
\nbeen placed by the prosecution is Ram Asra (PW 14).  So\t far
\nas  this witness is concerned, we find that his presence  at
\nthe  scene  of occurrence was not mentioned by\tAjaib  Singh
\ndeceased in the dying declaration which was recorded by\t ASI
\nHarbhajan Singh at Khanna hospital.  According to Ram  Asra,
\nhe was working with the deceased at the, well when the three
\naccused came there and assaulted the deceased.\tIf Ram\tAsra
\nwas, in fact, present and working with Ajaib Singh  deceased
\nat the time of the occurrence, it is not clear as to why the
\ndeceased  should  fail\tto mention that fact  in  the  dying
\ndeclaration.   The evidence of Amarjit Singh, Mal Singh\t and
\nTeja  Singh upon which also the prosecution placed  reliance
\ngoes  to show at Ram Asra had not witnessed the\t occurrence.
\nThe  name  of  Rain Asra in the very nature  of\t things\t not
\nmentioned in the first information report, because the\tsaid
\nreport was based upon the dying declaration of Ajaib  Singh.
\nIt  would  thus\t appear\t that the  eye\twitness\t upon  whose
\ntestimony the prosecution wants to sustain the conviction of
\nthe  appellants is shown to be an unreliable witness by\t the
\nother evidence produced by the prosecution.  Ile present  is
\na case wherein one set of prosecution evidence condemns\t the
\nother  set of evidence produced by the prosecution.  In\t the
\nabove  state  of affairs, we find it difficult to  secure  a
\nfirm ground upon which to base the conviction of the accused
\nappellants.\n<\/p>\n
The  function  of the court in a criminal trial is  to\tfind
\nwhether\t tile person arraigned before it as the\t accused  is
\nguilty\tof the offence with which he is charged.   For\tthis
\npurpose\t the  court  scans the material on  record  to\tfind
\nwhether there is any reliable and trustworthy evidence\tupon
\nthe basis of which it is possible to found the conviction of
\nthe  accused  and to hold that he is guilty of\tthe  offence
\nwith  which  Ile is charged.  If in a case  the\t prosecution
\nleads two sets of evidence, each one of which contradict and
\nstrikes\t at  the other and shows it to\tbe  unreliable,\t the
\nresult\twould necessarily be that the court would  be,\tleft
\nwith  no  reliable and trustworthy evidence upon  which\t the
\nconviction  of the accused might be based.  Inevitably,\t the
\naccused would have the benefit of such a situation.
\nMr.  Marwah has cited before us the case of Vadivalu  Thevar
\nV. The State of Madras(1) wherein it was laid down that\t the
\ncourt can base the conviction of the accused on a charge  of
\nmurder\tupon the testimony of a single witness if  the\tsame
\nwas found to be convincing and reliable.  There can, in\t our
\nopinion, be no dispute with the above proposition, but\tthat
\nproposition  can  be of no avail in the, present  case.\t  As
\nalready mentioned earlier, the prosecution evidence itself
\n(1)  [1957] S.C.R. 981.\n<\/p>\n
588<\/span><\/p>\n
creates\t doubt\tabout the veracity of the testimony  of\t Ram
\nAsra,upon  which  testimony  reliance is now  sought  to  be
\nplaced by Mr. Marwah.  Had the testimony of Ram Asra been of
\na convincing character and the prosecution evidence had\t not
\nitself\tcreated\t doubt\tregarding  the\tcorrectness  of\t his
\ntestimony, this Court might have sustained the conviction of
\nappellants  upon the testimony of Ram Asra.  As\t the  things
\nare,  prosecution itself has led evidence to show  that\t the
\ntestimony of Ram Asra is not reliable.\n<\/p>\n
We, therefore, accept the appeal, set aside the judgment  of
\nthe High Court and acquit the appellants.\n<\/p>\n
S.C.\t\t     Appeal allowed.\n589<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Harchand Singh & Anr vs State Of Haryana on 31 August, 1973 Equivalent citations: 1974 AIR 344, 1974 SCR (1) 583 Author: H R Khanna Bench: Khanna, Hans Raj PETITIONER: HARCHAND SINGH & ANR. Vs. RESPONDENT: STATE OF HARYANA DATE OF JUDGMENT31\/08\/1973 BENCH: KHANNA, HANS RAJ BENCH: KHANNA, HANS RAJ ALAGIRISWAMI, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-106049","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nHarchand Singh & Anr vs State Of Haryana on 31 August, 1973 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/harchand-singh-anr-vs-state-of-haryana-on-31-august-1973\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Harchand Singh & Anr vs State Of Haryana on 31 August, 1973 - 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