{"id":132279,"date":"1993-01-20T00:00:00","date_gmt":"1993-01-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jarnail-singh-and-anr-etc-vs-state-of-haryana-on-20-january-1993"},"modified":"2015-10-30T04:25:16","modified_gmt":"2015-10-29T22:55:16","slug":"jarnail-singh-and-anr-etc-vs-state-of-haryana-on-20-january-1993","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jarnail-singh-and-anr-etc-vs-state-of-haryana-on-20-january-1993","title":{"rendered":"Jarnail Singh And Anr. Etc vs State Of Haryana on 20 January, 1993"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Jarnail Singh And Anr. Etc vs State Of Haryana on 20 January, 1993<\/div>\n<div class=\"doc_citations\">Equivalent citations: 1993 SCR  (1) 260, \t  1993 SCC  Supl.  (3)\t91<\/div>\n<div class=\"doc_author\">Author: S N.P.<\/div>\n<div class=\"doc_bench\">Bench: Singh N.P. (J)<\/div>\n<pre>           PETITIONER:\nJARNAIL SINGH AND ANR.\tETC.\n\n\tVs.\n\nRESPONDENT:\nSTATE OF HARYANA\n\nDATE OF JUDGMENT20\/01\/1993\n\nBENCH:\nSINGH N.P. (J)\nBENCH:\nSINGH N.P. (J)\nREDDY, K. JAYACHANDRA (J)\n\nCITATION:\n 1993 SCR  (1) 260\t  1993 SCC  Supl.  (3)\t91\n JT 1993 (1)   207\t  1993 SCALE  (1)153\n\n\nACT:\nCriminal Law:\nIndian Penal Code, 1860:\nSections  3O2,\t149  and   Motive-Relevancy  of-Held   where\npositive evidence is cogent, clear and reliable motive is of\nno\timportance-Family      members-Eye-witnesses-Whether\nindependent evidence required.\nEvidence Act, 1872:\nChapter\t  IX-Murder-Evidence  of  family  members  as\teye-\nwitnesses-Reliability of.\n\n\n\nHEADNOTE:\nThe first appellant in Criminal Appeal No. 192\/1980 and\t his\nfour sons were convicted under Section 302 read with Section\n149 of the Indian Penal Code, 1908 and sentenced to  undergo\nrigorous  imprisonments for life.  They were also  convicted\nand  sentenced\tto one year's  rigorous\t imprisonment  under\nSection 148 of the Code.\nAccording  to the prosecution, a son of the first  appellant\nand  a daughter of P.W. 4 fell in love with each  other\t but\ndue  to\t opposition from P.W. 4's  husband,  their  marriage\ncould not take place and both of them committed suicide, and\ntherefore,  the\t first\tappellant and his four\tsons  had  a\ngrudge\tthat P.W. 4's husband was responsible for the  death\nof  the\t first appellant's son; that two  months  thereafter\nwhen  P.W. 4's husband and his elder brother were  returning\nto  the village from town in a bullock-cart along with\tP.W.\n4, P.W. 5,her daughter and P.W. 6, her son-in-law, the\tfive\naccused,  who  were  coming in a  truck\t from  the  opposite\ndirection  got down from the truck, chased P.W. 4's  husband\nand his elder brother, who were running away, and  assaulted\nthem with Gandasa and Lathies and after boarding the  truck,\ndrove the truck over the two brothers, that when P.W. 4 to 6\nwent near the two brothers they found them dead and a  First\nInformation Report was lodged, and a postmortem was held.\n261\nOn  the\t basis\tof the evidence adduced\t on  behalf  of\t the\nprosecution, including that of PWs 4 to 6, the Session Judge\ncame to the conclusion that the charges levelled against the\nfive  accused  were  fully established.\t  This\tfinding\t was\nupheld by the High Court.\nIn  the appeal before this Court, on behalf of\tthe  accused\npersons\t it was contended that a false case had been set  up\nagainst\t them by PW 4, who had not seen the  occurrence\t but\nhaving\tlearnt\tthe  death  of her  husband  and  his  elder\nbrother,  became an eye-witness along with PWs 5 and 6,\t her\ndaughter and son-in-law respectively, only to implicate\t the\naccused\t persons,  that there was no  immediate\t motive\t for\ncommission  of\tsuch  a serious offence\t in  the  facts\t and\ncircumstances  of the case, that it would not be  proper  to\naccept\tthe motive alleged on behalf of the prosecution\t and\nthat the eye-witnesses being only the members of the family,\nsome independent evidence was required.\n\t    Dismissing the appeals, this Court,\nHELD:\t  1.1.\tWhere  the  positive  evidence\tagainst\t the\naccused\t is  clear,  cogent and reliable,  the\tquestion  of\nmotive\tis of no importance.  But, at the same time,  motive\nbehind\ta crime is a relevant fact and normally\t prosecution\nis   expected  to  adduce  evidence  in\t  respect   thereto.\nExperience shows that one or other motive moves the  culprit\nto a certain course of action.\nGurcharan  Singh v. State of Punjab, A.I.R. 1956  S.C.\t460;\n<a href=\"\/doc\/503037\/\">Narayan Nathu Naik v. The State of Maharashtra, A.I.R.<\/a>\t1971\nS.C. 1656; Podda Narayana v. State of A.P., A.I.R. 1975 S.C.\n1252;  <a href=\"\/doc\/1020445\/\">Faquira\tv. State of U.P., A.I.R.<\/a> 1976 S.C.  915\t and\n<a href=\"\/doc\/1562829\/\">Molu v. State of Haryana, A.I.P.<\/a> 1976 S.C. 24\", relied on.\n1.2. Normally  there is a motive behind every  criminal\t act\nand  that  is why the investigating agency as  well  as\t the\nCourt  while examining the complicity of an  accused,  first\ntry  to\t ascertain as to what was the  driving\tforce  which\ncompelled the accused to commit the crime in question.\t But\nwith complex growth of society and which has 'also  produced\ncomplex\t characters,  the actions and  reactions  of  person\neither on the accuse side or on the prosecution side are not\nvery easy to ascertain and judge.  It is a matter of  common\nexperience  that  even\ta  small  or  trifle  incident\t has\ndifferent reaction on different persons.  That is why it  is\nnot  always  easy  for the Court to weigh and  judge  as  to\nwhether under the circumstances\n262\nbrought\t on record by the prosecution, In normal course\t the\naccused\t concerned  could  have\t acted\tas  alleged  by\t the\nprosecution.\n13.  In\t cases where prosecution is not able to establish  a\nmotive\tbehind\tthe  alleged  crime  it\t assumes  importance\nspecially   in\t cases\twhere  the  prosecution\t  rests\t  on\ncircumstantial evidence or on witnesses who have an inimical\nbackground.   Proof  of\t motive on the pad  of\tthe  accused\npersons\t to  commit an offence satisfies the  judicial\tmind\nabout the likelihood of the authorship but in its absence it\nis  only  proper on the part of the Court to have  a  deeper\nsearch.\t  But  if  the\tCourt  is  satisfied  that  evidence\nadduced,  oral\tor circumstantial,  establishes\t the  charge\nagainst the accused, the prosecution case cannot be rejected\nsaying\tthat there was no immediate impelling motive on\t the\npart of the accused persons to commit the crime.\n1.4. In\t the  present case, the son of the  first  appellant\ncommitted  suicide two months before the date of  occurrence\nbecause\t of the attitude taken by PW 4's  deceased  husband.\nIt  can\t be said that there was no  immediate  motive  which\nimpelled the accused persons to commit the murder of the two\nbrothers  in broad day light in such cruel manner.  But\t the\ndeath  of the son in a tragic circumstance must have  shaken\nthe  family and there is nothing unnatural or  unusual\tthat\nbecause\t or  that,  the first appellant and  his  four\tsons\nhaving\tseen the deceased coming to village on bullock\tcart\ndecided to eliminate him.\n1.5. That  apart, if the evidence adduced on behalf  of\t the\nprosecution  is accepted, then whether there  was  immediate\nmotive\tfor committing the offence looses all  significance.\nThe  present  case  has many special  features\twhich  weigh\nheavily\t against the accused persons and it is not  easy  on\ntheir  part to dislodge them.  In cases relating  to  murder\nthe  time  taken  in  lodging  the  F.I.R.  assumes  special\nsignificance.  The fact that P.W. 4 lodged the F.I.R. within\nan  hour of the occurrence giving the details of the  manner\nof occurrence lends corroboration to her testimony in  Court\nregarding  the participation of the accused persons  in\t the\npresent\t occurrence.  The manner of occurrence disclosed  by\nP.W.  4\t in  the  F.I.R.  was  fully  corroborated  by\t the\npostmortem  examination\t reports.  The\ttwo  doctors  during\npostmortem examinations found that injury No. 7 on the chest\nof  P.W. 4's husband and injury No. 11 on his brother  could\nhave been caused by the wheel of the truck passing over\t the\nchest of P.W. 4's\n263\nhusband and any blunt part of the truck striking against the\nbody of his brother.  This not only corroborates the version\ndisclosed  by  P.W. 4 in the F.I.R. but goes a long  way  to\nestablish the correctness thereof.\n1.6. The  members of the family, if present at the  time  of\noccurrence  are\t the most natural  witnesses.\tThe  version\ndisclosed in the F.I.R. has been supported by 3 eyewitnesses\nP.W. 4, P.W. 5 and P.W. 6. There is no reason to doubt their\ntestimony only on the ground that they were closely  related\nto  the\t victims.   There is no evidence to  show  that\t any\nperson\tafter  the  occurrence\tappeared  at  the  scene  to\nengineer  the  present\tcase against them.   P.W.  4,  whose\nhusband\t and elder brother of her husband had  succumbed  to\nthe  injuries, was left alone to pursue the post  occurrence\nsteps without help or assistance from anyone else.\n1.7. There  is\tno  reason to  interfere  with\tthe  finding\nrecorded by the trial court and affirmed by the High Court.\n\n\n\nJUDGMENT:\n<\/pre>\n<p>CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.\t192-<br \/>\n193 of 1980.\n<\/p>\n<p>From the Judgment and Order dated 4.9.1979 of the Punjab and<br \/>\nHaryana\t High Court in Criminal Appeal Nos. 760 and  759  of<br \/>\n1977.\n<\/p>\n<p>R.L. Kohli, U.R. Lalit and K.K. Mohan for the Appellants.<br \/>\nA.M.  Singhvi, Ms. Renu George, Ms. Indu Malhotra  and\tI.S.<br \/>\nGoyal for the Respondent.\n<\/p>\n<p>The Judgment of the Court was delivered by<br \/>\nN.P.  SINGH, J. These appeals have been filed on  behalf  of<br \/>\nfive accused persons, who have been convicted under  section<br \/>\n302  read with section 149 of the Penal Code for  committing<br \/>\nmurder\tof  Gurbux  Singh and Wasava  Singh  and  have\tbeen<br \/>\nsentenced to undergo rigorous imprisonments for fife.\tThey<br \/>\nhave also been convicted under section 148 of the Penal Code<br \/>\nand have been sentenced to undergo rigorous imprisonment for<br \/>\none year.\n<\/p>\n<p>It  is\tthe case of the prosecution that Rulwant  Kaur,\t the<br \/>\ndaughter  of Gurbux Singh (deceased) and Raghbir Singh,\t son<br \/>\nof Jarnail Singh, one of the accused fell in love with\teach<br \/>\nother.\t As  the  marriage  could  not\tmaterialise  due  to<br \/>\nopposition, two months prior to the date of occurrence,<br \/>\n<span class=\"hidden_text\">264<\/span><br \/>\nboth  of  them committed suicide.  It is said  that  accused<br \/>\nJarnail\t Singh\tand  his four sons who are  the\t other\tfour<br \/>\naccused\t had a grudge against Gurbux Singh that\t the  latter<br \/>\nwas responsible for the death of Raghbir Singh aforesaid.<br \/>\nOn  25.9.1974  before noon Gurbux Singh, his  elder  brother<br \/>\nWasava\tSingh  along  with Surjit Kaur (PW 4)  the  wife  of<br \/>\nGurbux\tSingh, Sukhwant Kaur (PW 5) the daughter  of  Gurbux<br \/>\nSingh, and Surinder Singh (PW 6) son-in-law of Gurbux  Singh<br \/>\nwere returning to their village from Sirsa in a bullock-cart<br \/>\nafter selling green fodder and making some purchases in\t the<br \/>\nmarket.\t On the way they saw from the opposite side the five<br \/>\naccused\t coming\t in a trust which stopped in  front  of\t the<br \/>\nbullock\t cart.\tAll the five accused persons got  down\tfrom<br \/>\nthe  truck and raised a Lalkara &#8220;DUSHMANO KO JAN SE  MAR  DO<br \/>\nJANE  NA  PAYEN&#8221;.  Accused Karma was armed  with  a  Gandasa<br \/>\nwhereas the three brothers and Jarnail Singh were armed with<br \/>\nlathis.\t  Seeing  the accused persons Gurbux Singh  and\t his<br \/>\nbrother\t Wasava\t Singh got down from  the  bullock-cart\t and<br \/>\nstarted\t running  away.\t They were chased  and\tthe  accused<br \/>\npersons\t assaulted  both  of  them  with  their\t  respective<br \/>\nweapons.   Ultimately they fell down.  The  accused  persons<br \/>\nthen raised an alarm &#8220;BAHANCHOD BACH NA JAWEN TRUCK BHE UPAR<br \/>\nPHER  DO&#8221;.  Thereafter all the five accused persons  boarded<br \/>\nthe  truck.   Accused Mohani sat at the steering  wheel\t and<br \/>\ndrove the truck over the bodies of two victims Gurbux  Singh<br \/>\nand  Wasava  Singh.  After the accused persons\tleft  Surjit<br \/>\nKaur (PW 4), her daughter (PW 5) and son-in-law (PW 6)\twent<br \/>\nnear the victims and found them dead.\n<\/p>\n<p>The First Information Report was lodged at 12.30 P.M. A copy<br \/>\nof the said F.I.R. reached the Magistrate concerned by\t2.15<br \/>\nP.M.   The  Investigating  Officer  reached  the  place\t  of<br \/>\noccurrence,  held  inquest  and recorded  the  statement  of<br \/>\nwitnesses including the aforesaid Sukhwant Kaur and Surinder<br \/>\nSingh.\t PW 2 and PW 3 are doctors who held the post  mortem<br \/>\nexamination  of Gurbux Singh and Wasava\t Singh\trespectively<br \/>\nthe same day at 5.30 P.M. During the post mortem examination<br \/>\non  the\t persons  of Gurbux Singh 13  injuries\twere  found.<br \/>\nInjury\tNo.  7\twas contusion 14&#8242; x 7 1\/4 on  the  front  of<br \/>\nchest.\t On  dissection, collection of blood was  found\t and<br \/>\nupper  seven on right side and upper eight on left  side  of<br \/>\nthe ribs were found to have been fractured.  Both lungs were<br \/>\nbadly lacerated.  Heart was also badly lacerated along\twith<br \/>\npleura.\t According to the opinion of the Doctor (PW 2),\t who<br \/>\nheld the post mortem examination of the body of<br \/>\n<span class=\"hidden_text\">265<\/span><br \/>\nGurbux Singh, the aforesaid injury No. 7 could be caused  by<br \/>\nwheel of the truck passing over the portion of chest of\t the<br \/>\ndeceased.   The\t Doctor\t (PW 3), who held  the\tpost  mortem<br \/>\nexamination  of\t the  dead-body of Wasava  Singh,  found  21<br \/>\ninjuries  on his person.  Injury No. 11 found on the  person<br \/>\nof  Wasava  Singh was raddish contusion 11&#8243; x 1 1\/2  on\t the<br \/>\nmiddle\tof  the upper part of the chest.  According  to\t the<br \/>\nDoctor,\t the  said injury No. 11 could be  possible  by\t any<br \/>\nblunt part of a truck striking against the body.  During the<br \/>\ninvestigation at the instance of accused Karma, the  Gandasa<br \/>\nwith  blood  stain  was\t recovered  and\t lathis\t were\talso<br \/>\nrecovered from the possession of the accused persons,<br \/>\nIn view of the evidence adduced on behalf of the prosecution<br \/>\nincluding  that of Surjit Kaur (PW 4), Sukhwant Kaur (PW  5)<br \/>\nand her husband Surinder Singh (PW 6), the learned  Sessions<br \/>\nJudge  came  to\t the conclusion that  the  charges  levelled<br \/>\nagainst the five accused persons have been fully established<br \/>\nwhich finding has been upheld by the High Court.<br \/>\nAccording  to the appellants, a false case has been  set  up<br \/>\nagainst\t them  by Surjit Kaur (PW 4), the  widow  of  Gurbux<br \/>\nSingh,\twho had not seen the occurrence, but  having  learnt<br \/>\nthe  death  of Gurbux Singh and Wasava Singh became  an\t eye<br \/>\nwitness\t along\twith  her daughter and\tson-in-law  only  to<br \/>\nimplicate  the accused persons.\t The counsel  appearing\t for<br \/>\nthe  accused  aforesaid\t pointed  out  that  there  was\t  no<br \/>\nimmediate  motive for commission of such serious offence  in<br \/>\nthe facts and circumstances of the case and it shall not  be<br \/>\nproper\tto  accept  the\t motive alleged\t on  behalf  of\t the<br \/>\nprosecution  that  as the son of accused Jarnail  Singh\t and<br \/>\ndaughter  of  Gurbux Singh had committed suicide,  as  their<br \/>\nmarriage  could\t not materialise because  of  the  objection<br \/>\nraised\tby Gurbux Singh, accused Jarnail Singh and his\tfour<br \/>\nsons  chased  the  two victims on the  road,  and  not\tonly<br \/>\nassaulted them but also crushed them by the truck.<br \/>\nIt  is\ttrue that normally there is a  motive  behind  every<br \/>\ncriminal  act  and that is why the investigating  agency  as<br \/>\nwell  as  the  Court while examining the  complicity  of  an<br \/>\naccused,  first try to ascertain as to what was the  driving<br \/>\nforce  which  compelled the accused to commit the  crime  in<br \/>\nquestion.  But with complex growth of society and which\t has<br \/>\nalso produced complex characters, the actions and  reactions<br \/>\nof persons either on the accused side or on the\t prosecution<br \/>\nside  are  not very easy to ascertain and judge.   It  is  a<br \/>\nmatter of common experience that even a small or trifle<br \/>\n<span class=\"hidden_text\">266<\/span><br \/>\nincident has different reaction on different persons.\tThat<br \/>\nis  why\t it is not always easy for the Court  to  weigh\t and<br \/>\njudge  as  to  whether under the  circumstances\t brought  on<br \/>\nrecord\tby  the prosecution, in normal\tcourse\tthe  accused<br \/>\nconcerned could have acted as alleged by the prosecution.<br \/>\nThat  is  why this Court has repeatedly expressed  the\tview<br \/>\nthat  where  the positive evidence against  the\t accused  is<br \/>\nclear, cogent and reliable, the question of motive is of  no<br \/>\nimportance.  Reference may be made to the cases of Gurcharan<br \/>\nSingh  v.  State of Punjab, AIR 1956 SC 460,  Narayan  Nathu<br \/>\nNaik v. The State of Maharashtar AIR 1971 SC 1656 = [1971] 1<br \/>\nSCR 133, Podda Narayana v. State of A.P., AIR 1975 SC 1252 =<br \/>\n[1975] 4 SCC 153, <a href=\"\/doc\/1020445\/\">Faquira v. State of U.P., AIR<\/a> 1976 SC\t 915<br \/>\n=  [1976] 1 SCC 662, and <a href=\"\/doc\/1562829\/\">Molu v. State of Haryana, AIR<\/a>\t1976<br \/>\nSC 2499 = [1976] 4 SCC 362.  But at the same time it must be<br \/>\nimpressed that motive behind a crime is a relevant fact and<br \/>\nnormally  prosecution  is  expected to\tadduce\tevidence  in<br \/>\nrespect thereof.  Experience shows that one or other  motive<br \/>\nmoves  the culprit to a certain course of action.  In  cases<br \/>\nwhere  prosecution is not able to establish a motive  behind<br \/>\nthe alleged crime it assumes importance especially in  cases<br \/>\nwhere the prosecution rests on circumstantial evidence or on<br \/>\nwitnesses who have an inimical background.  Proof of  motive<br \/>\non  the\t part of the accused persons to\t commit\t an  offence<br \/>\nsatisfies  the\tjudicial mind about the\t likelihood  of\t the<br \/>\nauthorship but in its absence it is only proper on the\tpart<br \/>\nof  the Court to have a deeper search.\tBut if the Court  is<br \/>\nsatisfied  that\t evidence  adduced  oral  or  circumstantial<br \/>\nestablishes the charge against the accused, the\t prosecution<br \/>\ncase  cannot be rejected saying that there was no  immediate<br \/>\nimpelling  motive  on  the part of the\taccused\t persons  to<br \/>\ncommit the crime.\n<\/p>\n<p>  In  the  present case Raghbir Singh, the  son\t of  accused<br \/>\nJarnail Singh, committed suicide two months before the\tdate<br \/>\nof occurrence because of the attitude taken by the  deceased<br \/>\nGurbux\tSingh is not in dispute.  It can be said that  there<br \/>\nwas  no immediate motive which impelled the accused  persons<br \/>\nto  commit  the murder of Gurbux Singh and Wasava  Singh  in<br \/>\nbroad  day light in such a cruel manner.  But the  death  of<br \/>\nRaghbir Singh in a tragic circumstance must have shaken\t the<br \/>\nfamily\tand  there  is nothing\tunnatural  or  unusual\tthat<br \/>\nbecause of that Jarnail Singh and his four sons having\tseen<br \/>\nGurbux\tSingh coming to village on bullock-cart\t decided  to<br \/>\neliminate him.\n<\/p>\n<p>Apart  from  that if the evidence adduced on behalf  of\t the<br \/>\nprosecution<br \/>\n<span class=\"hidden_text\">267<\/span><br \/>\nis  accepted  then whether there was  immediate\t motive\t for<br \/>\ncommitting the offence loses all significance.\tThe  present<br \/>\ncase  has many special features which weigh heavily  against<br \/>\nthe  accused  persons and it is not easy on  their  part  to<br \/>\ndislodge them.\tThe occurrence took place before noon.\t The<br \/>\nF.I.R.\twas lodged at 12.30 P.M. within an hour.  A copy  of<br \/>\nthe F.I.R. was received by the concerned Magistrate by\t2.25<br \/>\nP.M.,  the same day.  The Investigating Officer reached\t the<br \/>\nplace  of  occurrence  before 4 P.M. Even  the\tport  mortem<br \/>\nexaminations  of  the two victims were held by\ttwo  doctors<br \/>\nmentioned  above  by  5.30  P.M. the  same  day.   In  cases<br \/>\nrelating  to  murder the time taken in\tlodging\t the  F.I.R.<br \/>\nassumes\t special significance.\tThe F.I.R. being  the  first<br \/>\nversion\t of the occurrence disclosed to the police  acts  as<br \/>\ncheck on the part of the prosecution.  The fact that  Surjit<br \/>\nKaur  (PW  4) lodged  the F.I.R. within\t an  hour  of  the<br \/>\noccurrence,  giving the details of the manner of  occurrence<br \/>\nlends corroboration to her testimony in Court regarding\t the<br \/>\nparticipation  of the accused persons in the present  occur-<br \/>\nrence.\t The manner of occurrence disclosed by\tSurjit\tKaur<br \/>\n(PW  4)\t in the F.I.R. was fully corroborated  by  the\tpost<br \/>\nmortem\texamination  reports.  She stated in the  F.I.R.  at<br \/>\n12.30  P.M. that accused persons after having assaulted\t the<br \/>\ntwo  victims with Gandasa and Lathis, crushed them with\t the<br \/>\nwheel  of  the truck.  The two doctors\tduring\tpost  mortem<br \/>\nexaminations found that injury No. 7 on the chest of  Gurbux<br \/>\nSingh  and  injury No. 11 on Wasava Singh  could  have\tbeen<br \/>\ncaused\tby the wheel of the truck passing over the chest  of<br \/>\nGurbux\tSingh  and  any blunt part  of\tthe  truck  striking<br \/>\nagainst\t  the\tbody  of  Wasava  Singh.   This\t  not\tonly<br \/>\ncorroborates the version disclosed by Surjit Kaur (PW 4)  in<br \/>\nthe F.I.R. but goes a long way to establish the\t correctness<br \/>\nthereof.   It  Surjit  Kaur (PW 4)  had\t not  witnessed\t the<br \/>\noccurrence  as\tsuggested by accused persons  then  how\t she<br \/>\ncould have mentioned in the F.I.R. that after assaulting the<br \/>\ntwo  victims the accused persons entered into the truck\t and<br \/>\ncrushed\t the victims with the wheel of the truck,  which  is<br \/>\nsupported by the post mortem examination.<br \/>\nThe learned counsel could not point out from the evidence of<br \/>\nSurjit\tKaur  (PW 4) which has been fully  accepted  by\t the<br \/>\nTrial  Court as well as the High Court as to on what  ground<br \/>\nthat  should be rejected.  The same is the position  so\t far<br \/>\nthe evidence of Sukhwant Kaur (PW 5) and Surinder Singh\t (PW\n<\/p>\n<p>6).  About Sukhwant Kaur (PW 5) it was pointed out that\t she<br \/>\nwas  not  present  at  the  place  of  occurrence  when\t the<br \/>\nInvestigating  Officer\treached\t and she  came\tonly  later.<br \/>\nHowever,  so far Surinder Singh (PW 6) is concerned, he\t was<br \/>\npresent when the Investigation.\t Officer reached the<br \/>\n<span class=\"hidden_text\">268<\/span><br \/>\nplace of occurrence.  It was urged on behalf of the  accused<br \/>\npersons that although Surjit Kaur (PW 4) had claimed in\t her<br \/>\nevidence  that she had made purchases in the  market  before<br \/>\nreturning  to the village but no such article was  found  in<br \/>\nthe bullock-cart.  On behalf of the accused the\t traditional<br \/>\nand conventional argument that the eye witnesses being\tonly<br \/>\nthe  members  of the family, some independent  evidence\t was<br \/>\nrequired,  was\talso  advanced.\t  This\targument  has\tbeen<br \/>\nrepeatedly rejected by this Court saying that the members of<br \/>\nthe family if present at the time of occurrence are the most<br \/>\nnatural\t witnesses.  According to us, all these\t submissions<br \/>\nare  of no significance, in view of the fact that the  first<br \/>\ninformation  report  was  lodged  within  an  hour  of\t the<br \/>\noccurrence;  a copy whereof was received by  the  Magistrate<br \/>\nwithin\ttwo  hours of the recording  thereof.\tThe  version<br \/>\ndisclosed  in  the F.I.R. has been supported  by  three\t eye<br \/>\nwitnesses  PW 4, PW 5 and PW 6. We find no reason  to  doubt<br \/>\ntheir  testimony only on the ground that they  were  closely<br \/>\nrelated\t to the victims.  There is no suggestion  much\tless<br \/>\nevidence  on behalf of the accused persons to show that\t any<br \/>\nperson\tafter  the  occurrence\tappeared  at  the  scene  to<br \/>\nengineer  the present case against them.  It appears  Surjit<br \/>\nKaur  (PW 4) whose husband and elder brother of her  husband<br \/>\nhad succumbed to the injuries, was left alone to pursue\t the<br \/>\npost occurrence steps without help or assistance from anyone<br \/>\nelse.\n<\/p>\n<p>We find no reason to interfere with the finding recorded  by<br \/>\nthe Trial Court and affirmed by the High Court.\t  Therefore,<br \/>\nthe appeals fail and are accordingly dismissed.\n<\/p>\n<pre>N.P.V.\t    Appeals dismissed.\n<span class=\"hidden_text\">269<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Jarnail Singh And Anr. Etc vs State Of Haryana on 20 January, 1993 Equivalent citations: 1993 SCR (1) 260, 1993 SCC Supl. (3) 91 Author: S N.P. Bench: Singh N.P. (J) PETITIONER: JARNAIL SINGH AND ANR. ETC. Vs. RESPONDENT: STATE OF HARYANA DATE OF JUDGMENT20\/01\/1993 BENCH: SINGH N.P. (J) BENCH: SINGH [&hellip;]<\/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-132279","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Jarnail Singh And Anr. 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