{"id":122906,"date":"2008-08-11T00:00:00","date_gmt":"2008-08-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jaswinder-singh-vs-state-of-punjab-on-11-august-2008"},"modified":"2016-05-03T02:32:30","modified_gmt":"2016-05-02T21:02:30","slug":"jaswinder-singh-vs-state-of-punjab-on-11-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jaswinder-singh-vs-state-of-punjab-on-11-august-2008","title":{"rendered":"Jaswinder Singh vs State Of Punjab on 11 August, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Jaswinder Singh vs State Of Punjab on 11 August, 2008<\/div>\n
Criminal Appeal No.411 DB of 2002                               1\n\n        In the High Court of Punjab and Haryana at Chandigarh\n\n\n                             Criminal Appeal No.411 DB of 2002\n                             Date of decision: 11.8.2008\n\nJaswinder Singh\n                                              ......Appellant\n\n                         Versus\n\n\nState of Punjab\n                                               .......Respondent\n\n\nCORAM: HON'BLE MR.JUSTICE K.S.GAREWAL\n\n            HON'BLE MRS. JUSTICE SABINA\n\n\nPresent:    Mr.H.S.Bhullar, Advocate,\n            for the appellant.\n\n            Ms.Gurveen Singh, AAG, Punjab.\n\n                  ****\n\nJUDGMENT\n<\/pre>\n
SABINA, J.\n<\/p>\n
            Vide this judgment Criminal Appeal No.411-DB of 2002<\/p>\n
and Criminal Revision No.1724 of 2002 would be disposed of as both<\/p>\n
have arisen out of judgment dated 10.5.2002 passed by Sessions<\/p>\n
Judge, Gurdaspur whereby accused Jaswinder Singh was convicted<\/p>\n
under Section 302 IPC and sentenced to undergo imprisonment for<\/p>\n
life and fine of Rs.5,000\/-. Accused Jarnail Singh, Bhupinder Singh<\/p>\n
and Joginder Singh were acquitted of the charge framed against<\/p>\n
them.\n<\/p>\n
            Prosecution story, in brief, is that complainant was<\/p>\n
residing in village Jogowal Bedian for the last ten years after
\n Criminal Appeal No.411 DB of 2002                              2<\/span><\/p>\n
purchasing land in the said village. Land of Jarnail Singh adjoined<\/p>\n
the land of the complainant and they had joint tubewell. Jarnail Singh<\/p>\n
used to give trouble to the complainant party on earlier occasions<\/p>\n
also.   On 21.6.1997 at about 7\/8 p.m. Satpal, servant of Jarnail<\/p>\n
Singh, came to the house of complainant Sewa Singh and called for<\/p>\n
his mother as “Aunty”. Mother of the complainant had already left for<\/p>\n
her parental house a day before. Complainant and his father<\/p>\n
Gurbachan Singh were present in the house. Gurbachan Singh told<\/p>\n
Satpal that he should call by naming male members of the family. A<\/p>\n
quarrel started between two of them and Gubachan Singh slapped<\/p>\n
Satpal, who returned back to his dera (the house of Jarnail Singh<\/p>\n
etc.). At about 9\/9.30 P.M. Jarnail Singh along with his sons namely<\/p>\n
Joginder Singh, Jaswinder Singh and Bhupinder Singh came to the<\/p>\n
house of the complainant and started quarrelling with them. Joginder<\/p>\n
Singh picked up a datar lying near their door and scuffled with his<\/p>\n
father Gurbachan Singh. The complainant made requests and they<\/p>\n
went back to their dera. Jaswant Singh and other respectable went<\/p>\n
to the dera    of Jarnail Singh and a compromise was effected.<\/p>\n
Thereafter,the complainant returned back to his house along with his<\/p>\n
father. He slept in the room, whereas, his father Gurbachan Singh<\/p>\n
slept in the court yard. The complainant woke up around mid night<\/p>\n
on hearing barking of the dog. The complainant saw that Jarnail<\/p>\n
Singh had caught hold of      Gurbachan Singh from his legs and<\/p>\n
Bhupinder Singh had caught hold of him from his arms while he was<\/p>\n
sleeping on a cot. Jarnail Singh gave a kahi blow on the left side of<\/p>\n
neck of his father. Joginder Singh gave two      datar blows on the<\/p>\n
person of his father. Jaswinder Singh gave another kahi blow on the
\n Criminal Appeal No.411 DB of 2002                               3<\/span><\/p>\n
left shoulder of his father. Thereafter, they all ran away from the spot<\/p>\n
with their respective weapons. Out of fear, complainant-Sewa Singh<\/p>\n
remained inside.    Later on he narrated the occurrence to his uncle<\/p>\n
(Fufar) Santokh Singh.\n<\/p>\n
           On the basis of the statement of the complainant formal<\/p>\n
FIR No.56 dated 22.6.1997 was recorded by the police of police<\/p>\n
Station Kalanaur.\n<\/p>\n
             After completion of necessary formalities challan was<\/p>\n
presented against Jarnail Singh, whereas, the remaining accused<\/p>\n
were placed in column No.2.           Thereafter, vide order dated<\/p>\n
18.12.1997, Jaswinder Singh, Bhupinder Singh and Joginder Singh<\/p>\n
were ordered to be summoned to face trial as accused.           Charge<\/p>\n
against them was framed under Section 302\/34 IPC on 3.2.1998.<\/p>\n
Accused did not plead guilty and claimed trial.<\/p>\n
           The material witnesses summoned by the prosecution at<\/p>\n
trial were PW-6 Sewa Singh, PW-7 Santokh Singh, PW-8 S.I.Darbari<\/p>\n
Lal, PW-9 DSP Rajinder Singh and PW-10 Dr.Kashmiri Lal. After the<\/p>\n
close of prosecution evidence accused, when examined under<\/p>\n
Section 313 Cr.P.C., prayed that they were innocent and have been<\/p>\n
falsely involved in this case. The accused examined Swinder Singh<\/p>\n
(DW-1), Harminder Singh (DW-2), Hans Raj (DW-3), Kawal Masih<\/p>\n
(DW-4) and Darshanjit Singh Dhindsa (DW-5) as defence witnesses.<\/p>\n
           Learned trial Judge convicted and sentenced accused<\/p>\n
Jaswinder Singh under Section 302 IPC, whereas, remaining<\/p>\n
accused were acquitted of the charge framed against them vide<\/p>\n
impugned judgment. Aggrieved by the same accused Jaswinder<\/p>\n
Singh has filed the present appeal and the complainant has filed a
\n Criminal Appeal No.411 DB of 2002                             4<\/span><\/p>\n
revision petition challenging the acquittal of accused Jarnail Singh,<\/p>\n
Bhupinder Singh and Joginder Singh.\n<\/p>\n
             Learned counsel for the appellant-Jaswinder Singh has<\/p>\n
argued that the sole eye witness of the occurrence, Sewa Singh<\/p>\n
(PW-6), was not a reliable witness. As per this witness there were<\/p>\n
five injuries on the person of deceased Gurbachan Singh, whereas,<\/p>\n
as per medical evidence there were only three injuries on the person<\/p>\n
of the deceased. There was delay in lodging the FIR and the same<\/p>\n
had been lodged after due deliberation and confabulation. The story<\/p>\n
put forth by the complainant was not believable as there was no<\/p>\n
need to hold a sleeping man. Rather this would have disturbed the<\/p>\n
deceased and he would have raised the alarm. Two criminal cases<\/p>\n
had been registered against the deceased and, thus, he was not<\/p>\n
having a good record.\n<\/p>\n
             Learned State counsel, on the other hand, has argued<\/p>\n
that the prosecution had been successful in proving its case against<\/p>\n
the accused.    The parties were having strained relations and there<\/p>\n
had been quarrel between them on earlier occasions also. The<\/p>\n
statement of the complainant was trustworthy. Weapon of offence<\/p>\n
had been recovered on the basis of disclosure statements suffered<\/p>\n
by the   accused.    The delay in lodging the FIR had been duly<\/p>\n
explained.\n<\/p>\n
               Present case rests on an eye witness account.\n<\/p>\n
Complainant is the son of the deceased and his presence in the<\/p>\n
house i.e. place of occurrence cannot be doubted. The complainant,<\/p>\n
while appearing in the witness box as PW-6, has deposed as per his<\/p>\n
statement in the FIR except with regard to injuries. He has deposed
\n Criminal Appeal No.411 DB of 2002                                5<\/span><\/p>\n
that Jaswinder Singh had inflicted injury with a kahi on the left side of<\/p>\n
the neck of his father and Joginder Singh inflicted a datar blow on<\/p>\n
the left side of the neck of his father. Jaswinder Singh gave another<\/p>\n
kahi blow with its blunt side on the neck of his father. Thus, while<\/p>\n
appearing in the witness box, the complainant has deposed with<\/p>\n
regard to infliction of three injuries on the person of Gurbachan Singh<\/p>\n
instead of four injuries stated by him in his statement before the<\/p>\n
police. However, the testimony of the complainant can not             be<\/p>\n
outrightly rejected. The said witness was woken up by the barking of<\/p>\n
the dog and must have been in a trauma and panic when he saw his<\/p>\n
father being murdered. The occurrence had taken place at about<\/p>\n
mid-night and the matter was reported to the police in the morning at<\/p>\n
about 7.a.m. Special report reached the Magistrate at about 10.20<\/p>\n
a.m. The complainant has stated that he had first informed his uncle<\/p>\n
about the occurrence and, thereafter, the matter was reported to the<\/p>\n
police. Since there were strained relations between the parties, the<\/p>\n
possibility that some of the accused have been falsely introduced in<\/p>\n
this case can not be ruled out.       The role attributed to accused<\/p>\n
Bhupinder Singh and Jarnail Singh is that they had caught hold of<\/p>\n
arms and legs of Gurbachan Singh. Apparently both these accused<\/p>\n
have been named by the complainant with a view to involve them<\/p>\n
also in this case especially when there was no occasion for these<\/p>\n
persons to restrain a sleeping man.\n<\/p>\n
           At this stage, it would be appropriate to refer to medical<\/p>\n
evidence. Dr. Kishori Lal (PW-10) deposed that he conducted the
\n Criminal Appeal No.411 DB of 2002                              6<\/span><\/p>\n
post mortem examination on the dead body of Gurbachan Singh on<\/p>\n
22.6.1997 at 12.30 p.m. and found following injuries on his person:-<\/p>\n
           “1. An incised would 8cm x 4cm present on the left side of<\/p>\n
           the neck. Underlying muscles, vessels as well as other<\/p>\n
           structures were cut. This injury was just below the lower<\/p>\n
           part of the left pinna and was also soiled with clay. Would<\/p>\n
           was not bleeding at the time of post mortem, but clothes<\/p>\n
           were wet with blood.\n<\/p><\/blockquote>\n
           2. An incised would 6cm x 3cm present on the left side of<\/p>\n
           neck just below the left lower part of the left pinna. This<\/p>\n
           injury had cut all the muscles and vessels along with the<\/p>\n
           structure underlying it.    This injury was also extending<\/p>\n
           deep into the trachea which was also cut.          Marked<\/p>\n
           bleeding was present which was estimated from the<\/p>\n
           injuries.\n<\/p><\/blockquote>\n
           3. An abrasion 2cm x \u00bdcm present on the left side of the<\/p>\n
           left supra clavicalar region.”<\/p><\/blockquote>\n
           In his opinion the cause of death was haemorrhage and<\/p>\n
shock due to injuries described above, which were sufficient to cause<\/p>\n
death in the ordinary course of nature. All the injuries were ante<\/p>\n
mortem in nature. Probably time between injuries and death was<\/p>\n
immediate and between death and post mortem was within 12 hours.<\/p>\n
In his cross-examination, he deposed that injury No.3 was simple in<\/p>\n
nature. As per Exhibit PR\/1 doctor opined that injuries mentioned by<\/p>\n
him in the post mortem report could be caused with a kahi. Thus, no
\n Criminal Appeal No.411 DB of 2002                                7<\/span><\/p>\n
injury mentioned in the post mortem report has been caused with<\/p>\n
dattar. Hence, from the medical evidence and ocular version given<\/p>\n
by the complainant it appears that the injuries had been caused on<\/p>\n
the person of Gurbachan Singh by Jaswinder Singh, who was armed<\/p>\n
with kahi at the time of occurrence. As such, Joginder Singh appears<\/p>\n
to have been falsely involved in this case. Gurbachan Singh was<\/p>\n
sleeping at the time of occurrence.          He could not offer any<\/p>\n
resistance. As such, injuries could have caused on his person by a<\/p>\n
single person.\n<\/p>\n
            DSP Rajinder Singh (PW-9) has partly investigated the<\/p>\n
case. He had allegedly recovered kahi on the basis of disclosure<\/p>\n
statement suffered by accused Jarnail Singh. He had arrested only<\/p>\n
accused Jarnail Singh and remaining accused were placed by him in<\/p>\n
column No.2 as he found them innocent on the basis of his<\/p>\n
investigation.   It appears that the Investigating Officer with a view to<\/p>\n
shield the real culprit Jaswinder Singh has shown the recovery of<\/p>\n
kahi from accused Jarnail Singh, whereas, as per the complainant<\/p>\n
accused Jaswinder Singh was armed with kahi and not accused<\/p>\n
Jarnail Singh. As per the age mentioned in the charge sheet, Jarnail<\/p>\n
Singh accused was 70 years old at the time of framing of charge in<\/p>\n
the year 1998, whereas, accused Jaswinder Singh was 31 years old.<\/p>\n
The Investigating Officer had apparently tried to help the accused<\/p>\n
and as per his investigation, he arrayed Jarnail Singh as an accused<\/p>\n
and placed the other accused i.e. sons of Jarnail Singh in column<\/p>\n
No.2.\n<\/p>\n
            Although complainant-Sewa Singh (PW-6) has tried to
\n Criminal Appeal No.411 DB of 2002                              8<\/span><\/p>\n
involve Jarnail Singh and his three sons in this case yet his<\/p>\n
statement cannot be rejected altogether. So far as the involvement of<\/p>\n
accused Jaswinder Singh is concerned, the statement of complainant<\/p>\n
Sewa Singh, who is the sole eye witness, can be relied upon. The<\/p>\n
ocular version of the complainant is duly corroborated by the medical<\/p>\n
evidence.    Since    Jaswinder Singh was armed with kahi, the<\/p>\n
complainant out of fear at the relevant time may not have come out<\/p>\n
to save his father. Jaswinder Singh after causing injuries had fled<\/p>\n
away from the spot. After the occurrence the complainant had gone<\/p>\n
to the house of his uncle Santokh Singh and brought him to his dera.<\/p>\n
Jaswant Singh, whose house was also nearby, also came there.<\/p>\n
Puran Singh was also called to dera. Thereafter, complainant Sewa<\/p>\n
Singh along with Santokh Singh and Puran Singh reported the matter<\/p>\n
to the police. This fact is duly corroborated by Santokh Singh (PW-7).<\/p>\n
            So far as registration of FIRs under the NDPS Act against<\/p>\n
Gurbachan Singh are concerned, the same fail to advance the case<\/p>\n
of the appellant regarding his innocence because the said FIRs were<\/p>\n
never got registered by the accused.\n<\/p>\n
            Kewal Masih (DW-4) fails to advance the case of the<\/p>\n
appellant regarding his innocence as the said witness never gave<\/p>\n
anything in writing to the police nor the matter was moved before the<\/p>\n
Panchayat by him regarding false involvement of Jaswinder Singh in<\/p>\n
the case.\n<\/p>\n
            After going through the entire evidence on record, we are<\/p>\n
of the opinion that the prosecution has been successful in proving its<\/p>\n
case against appellant Jaswinder Singh and his conviction and
\n Criminal Appeal No.411 DB of 2002                              9<\/span><\/p>\n
sentence are liable to be upheld. Accused Jarnail Singh, Bhupinder<\/p>\n
Singh and Joginder Singh have been rightly acquitted by the trial<\/p>\n
Court as their false involvement in this case cannot be ruled out. The<\/p>\n
impugned judgment of the trial Court, thus, does not call for any<\/p>\n
interference. Accordingly, both the appeal as well as the revision are<\/p>\n
dismissed.\n<\/p>\n<\/p>\n
                                                        (SABINA)
\n                                                         JUDGE<\/p>\n
                                                   (K.S.GAREWAL)
\n                                                        JUDGE<\/p>\n
August 11, 2008
\nanita\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Jaswinder Singh vs State Of Punjab on 11 August, 2008 Criminal Appeal No.411 DB of 2002 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Appeal No.411 DB of 2002 Date of decision: 11.8.2008 Jaswinder Singh ……Appellant Versus State of Punjab …….Respondent CORAM: HON’BLE MR.JUSTICE K.S.GAREWAL HON’BLE MRS. JUSTICE […]<\/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":[8,28],"tags":[],"class_list":["post-122906","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nJaswinder Singh vs State Of Punjab on 11 August, 2008 - 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\/jaswinder-singh-vs-state-of-punjab-on-11-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jaswinder Singh vs State Of Punjab on 11 August, 2008 - 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