{"id":141557,"date":"2003-02-11T00:00:00","date_gmt":"2003-02-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-punjab-vs-sucha-singh-ors-on-11-february-2003"},"modified":"2015-11-11T13:43:27","modified_gmt":"2015-11-11T08:13:27","slug":"state-of-punjab-vs-sucha-singh-ors-on-11-february-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-punjab-vs-sucha-singh-ors-on-11-february-2003","title":{"rendered":"State Of Punjab vs Sucha Singh &amp; Ors on 11 February, 2003"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">State Of Punjab vs Sucha Singh &amp; Ors on 11 February, 2003<\/div>\n<div class=\"doc_author\">Author: Sema<\/div>\n<div class=\"doc_bench\">Bench: Y.K.Sabharwal, H.K. Sema<\/div>\n<pre>           CASE NO.:\nAppeal (crl.)  440 of 1996\n\nPETITIONER:\nState of Punjab\n\nRESPONDENT:\nSucha Singh &amp; Ors.\n\nDATE OF JUDGMENT: 11\/02\/2003\n\nBENCH:\nY.K.SABHARWAL &amp; H.K. SEMA\n\nJUDGMENT:\n<\/pre>\n<p>J U D G M E N T<\/p>\n<p>Sema, J.\n<\/p>\n<p>\tBy an order dated 15.6.1990, the Addl. Sessions Judge, Amritsar,<br \/>\nconvicted the accused Sucha Singh, Major Singh and Kashmir Singh alias<br \/>\nBitoo for an offence under Section 302\/34 IPC and sentenced them to<br \/>\nundergo RI for life and a fine of Rs.5000\/- each and in default of payment of<br \/>\nfine further RI for 2 years each.  Being aggrieved, the accused preferred an<br \/>\nappeal i.e. Criminal Appeal No. 220 DB of 1990.\t By the impugned<br \/>\njudgment and order dated 11.5.1992, the High Court has reversed the<br \/>\nconviction and sentence passed by the Addl. Sessions Judge and recorded<br \/>\nthe acquittal of the accused.  This appeal has been preferred by the  State.<br \/>\n\tBriefly stated, the prosecution case is that  PW-4 Gurdial Singh<br \/>\nlodged a complaint at S.G.T.B. Hospital, Amritsar on 8.10.1987 at 11.40<br \/>\na.m. to the effect that he was a resident of village Lawan and was an<br \/>\nagriculturist.\tHe had two sons. The elder one was Sarabjit Singh (deceased)<br \/>\nand the younger one was Gurwinderpal Singh.  He further stated that his<br \/>\nwife Amarjit Kaur was having pain in the abdomen and was suffering from<br \/>\ndysentery.  At about 7.00 a.m complainant Gurdial Singh was in his fields<br \/>\nwhich is adjacent to the matalled road.\t PW-5 Shangara Singh was present in<br \/>\nhis fields, which is adjoining to the fields of Gurdial Singh.\tWhile PWs 4<br \/>\nand 5 were talking about the current situation prevailing in the State, his son<br \/>\nSarabjit Singh came there on his scooter No. PAA-660 and on being<br \/>\ninquired from PW-4 as to where he was heading to, his son told that he was<br \/>\ngoing to bring medicine for his mother from Chogawan.  When he had<br \/>\nhardly covered a distance of about 20\/21 karams, the accused Sucha Singh<br \/>\narmed with kirpan, Major Singh armed with gandasi and Kashmir Singh<br \/>\nalias Bitoo armed with datar emerged from the fields of basmati crops and<br \/>\nencircled his son Sarabjit Singh.  He further stated that accused Sucha Singh<br \/>\nraised lalkara that the deceased be taught a lesson for the murder of Kuldip<br \/>\nSingh, nephew of Sucha Singh, committed by him and others earlier.  Sucha<br \/>\nSingh  gave two kirpan blows successively which hit on the  head  and<br \/>\nforehead of Sarabjit Singh, resulting in the fall of Sarabjit Singh on the<br \/>\nground.\t Thereafter, the accused Bitoo gave two datar blows, which hit<br \/>\nSarabjit Singh on the head towards the side of right ear and right wrist.<br \/>\nAccused Major Singh gave two gandasi blows successively which hit<br \/>\nSarabjit Singh on the right eye and forehead.  Accused Sucha Singh gave<br \/>\nfurther kirpan blow, which hit Sarabjit Singh on his wrist of left arm.\t Bitoo<br \/>\ngave datar blow on the right ankle.  On alarm being raised by Sarabjit Singh<br \/>\n&#8216;Mar Ditta, Mar Ditta&#8217;, his father Gurdial Singh PW-4 and Shangara Singh<br \/>\nPW-5 went running towards the place of occurrence and on seeing them all<br \/>\nthe accused fled away with their respective weapons.   Sarabjit Singh was<br \/>\nimmediately taken to S.G.T.B hospital, Amritsar and was\t admitted for<br \/>\ntreatment at 9.20 am.  He expired at 10.00 a.m. and the FIR was lodged at<br \/>\n11.00 a.m., as noticed.\t The motive of the crime, as stated in the FIR, was<br \/>\nthat about two years prior to the occurrence, Kuldip Singh nephew of Sucha<br \/>\nSingh had been murdered by the complainant party in which all the<br \/>\ncomplainant party were acquitted by the High Court.  Accused Sucha Singh<br \/>\nwas the prosecution witness in that case and deposed against the<br \/>\ncomplainant party, and therefore, he and co-accused nursed a grudge against<br \/>\nthe complainant party.\tThe High Court, on re-appraisal of the evidence,<br \/>\nrecorded the acquittal of the accused mainly on two grounds; (1) that the<br \/>\npresence of  PWs 4 and 5 at the place of occurrence is doubtful and (2) that<br \/>\nthe ocular testimony is belied by the medical evidence, with regard to the<br \/>\ninjuries sustained by the deceased.\n<\/p>\n<p>PRESENCE OF PW-4 AND PW-5 AT THE PLACE OF OCCURRENCE<br \/>\n\tIt is submitted by Mr. Sudhir Walia, learned counsel for the appellant,<br \/>\nthat the presence of PWs 4 and 5 at the place of occurrence has been<br \/>\nwrongly disbelieved by the High Court.\tAccording  to him, the prosecution<br \/>\nhas established the presence of PWs 4 and 5 at the place of occurrence. More<br \/>\nso, PW-4 being the father of the deceased is a natural witness and inspired<br \/>\nevidence.\n<\/p>\n<p>\tCounsel on both the sides have taken us through the entire evidence.<br \/>\nPW-4 Gurdial Singh,  father of the deceased stated before the Trial Court<br \/>\nthat in the morning of fateful day  he had gone to his fields known as<br \/>\n&#8216;Babianwala field&#8217;.  The said field touches the matalled road leading to the<br \/>\nAttari Chugawan road.  He also stated that when he went to his fields, PW-5<br \/>\nShangara Singh\twas also present in his fields.\t The time when PW-4 went to<br \/>\nhis fields is stated to be at 6.45 a.m.\t  He also stated that the distance<br \/>\nbetween his land and that of PW-5 was about two killas.\t He further stated<br \/>\nthat at about 6.45 a.m. PW-5 came near him and they were discussing the<br \/>\ncurrent situation prevailing in the State.  When they were engaged in the<br \/>\ndiscussion as stated, his son Sarabjit Singh, came on a scooter from the side<br \/>\nof his house located in the village Abadi.  On being inquired as to where he<br \/>\nwas going to, the deceased stopped the scooter and told him that he was<br \/>\ngoing to bring medicines for his mother from Chogawan as she was down<br \/>\nwith loose motions.  He had hardly covered 15\/20 karams on his scooter,<br \/>\nwhen the accused emerged from the Basmati fields.  All the accused<br \/>\nencircled him and the accused Sucha Singh raised a lalkara that they would<br \/>\nteach him a lesson for murdering their man.  Thereafter, Sucha Singh gave<br \/>\ntwo kirpan blows on the head of\t Sarabjit Singh, who fell down from the<br \/>\nscooter.  Accused Bitoo gave two datar blows, one landing him on the right<br \/>\near and the other on right wrist followed by accused Major Singh armed with<br \/>\ngandasi\t who inflicted two blows, one on the right ear and the other on the<br \/>\nforehead.  Accused Sucha Singh gave another kirpan blow, which landed on<br \/>\nthe left arm of the wrist of  Sarabjit Singh.  Accused\tBitoo gave another<br \/>\nblow on the right ankle of the victim.\tThereafter, the accused caused more<br \/>\ninjuries with their respective weapons.\t He further stated that he and PW5<br \/>\nraised hue and cry, whereupon the accused fled away with their respective<br \/>\nweapons.\n<\/p>\n<p>\tSimilarly, PW-5 claimed to be present at the place of occurrence and<br \/>\nsaw the occurrence.  He stated that at the time of occurrence he was present<br \/>\nin his fields where Basmati crop was sown.  PW-4 also stated in his cross-<br \/>\nexamination that land of PW-5 joins his land.  PW-5 Shangara Singh,<br \/>\nhowever, stated in his cross-examination that he did not own any land in<br \/>\nvillage Lawan.\tIn his cross-examination he has stated:-<br \/>\n&#8220;I do not own land in village Lawan.  I did not state to<br \/>\nthe police that I owned some land in village Lawan<br \/>\nwhich is adjoining the land of Gurdial Singh.  Confronted<br \/>\nwith portion B to B of Ex.DA where it is so recorded.  I<br \/>\nin fact own land in village Lawan which was purchased<br \/>\nby me.\tThat land in village Lawan so purchased by me is<br \/>\none kms. away from the spot of occurrence.&#8221;\n<\/p>\n<p>The shifting stand taken by PW-5 would clearly show that he is an unreliable<br \/>\nwitness and not creditworthy.  No reliance can be placed on such testimony<br \/>\nto establish the presence of PW-5 at the place of occurrence, which would<br \/>\nform the basis for conviction.\n<\/p>\n<p>\tMr. Sudhir Walia, learned counsel, has drawn our attention to the<br \/>\ntestimony of PW-9  Dhanjit Singh Patwari.  He stated that he knew both<br \/>\nPWs 4 and 5.  One Amar Singh is the father of PW-5 Shangara Singh and he<br \/>\nfurther stated that Jamabandi Ex.PH is recorded in the name of Amar Singh.<br \/>\nHe also stated that the land of Amar Singh is at a distance of 5\/6 killas from<br \/>\nthe land of Gurdial Singh (PW-4).\n<\/p>\n<p>\tA perusal of the statements of PWs 4 and 5, coupled with the<br \/>\ntestimony of other witnesses and facts and circumstances of the case, shows<br \/>\nthat the presence of PWs 4 and 5 at the place of occurrence is inherently<br \/>\nimprobable for the following reasons:-\t PW-5 has admitted in his cross-<br \/>\nexamination that he owned no land in village Lawan.  If that is so, he has no<br \/>\nreason to be there at the place of occurrence, that too, at 6.45  in the<br \/>\nmorning.    PW-4 has stated that the distance between his land and the land<br \/>\nof PW-5 is about two killas.  Assuming this statement is accepted, in normal<br \/>\ncircumstances, no one would travel from a distance of two killas, that too, at<br \/>\n6.45 a.m. to meet a friend without a purpose.  The prosecution has not been<br \/>\nable to establish the circumstances leading PW-4 going to the field of PW-5<br \/>\nat that time.  From the evidence on record it appears that the deceased<br \/>\ntravelled on a scooter to Chogawan village for purchase of medicines for his<br \/>\nmother all of a sudden.\t Even PW-4, father of the deceased did not know<br \/>\nabout the illness of his wife, which led him to inquire from his son as to<br \/>\nwhere he was going.   If the father of the deceased himself did not know the<br \/>\nprogramme of the deceased going to Chogawan village in advance it is<br \/>\ninherently improbable that the accused would know his programme, way-lay<br \/>\nand attack him armed with kirpan, gandasi , datar etc.\tIt is in the evidence of<br \/>\nboth PWs 4 and 5 that the accused emerged from the Basmati crop fields and<br \/>\nattacked the deceased.\t The evidence on record shows that in the murder<br \/>\ncase of Kuldip Singh nephew of Sucha Singh where PW4 was also one of<br \/>\nthe accused,  were acquitted by the High Court.\t  If that could be the motive<br \/>\nto nurse a  grudge against the complainant party, the accused would not have<br \/>\nspared PW-4.  It is also humanly improbable that the deceased sustained as<br \/>\nmany as 24 injuries on his body and the father of the deceased would be a<br \/>\nmere spectator without trying to rescue him or intervene.   The evidence on<br \/>\nrecord would also show that the house of the accused is 6\/7 killas towards<br \/>\nthe west of the village Abadi and the place of occurrence was at a distance of<br \/>\nhalf a kilometer on the eastern side of the village Abadi.  In ordinary<br \/>\ncircumstances, it is difficult to accept that the accused would be loitering<br \/>\naround the place of occurrence covering a distance of 6\/7 killas armed with<br \/>\nkirpan, gandasi, datar etc.   PW-5 did not accompany the injured to the<br \/>\nhospital.  No explanation by the prosecution as to why he could not<br \/>\naccompany the injured to the hospital.\t  The conduct of PW-5 is quite<br \/>\nunnatural.  This would make the presence of PW5 at the place of occurrence<br \/>\nall the more doubtful.\tIn our view, these circumstances would make the<br \/>\nalleged presence of PW4 and PW5 at the place of occurrence inherently<br \/>\nimprobable.\n<\/p>\n<p>DISCREPANCY BETWEEN MEDICAL EVIDENCE AND OCULAR TESTIMONY.<br \/>\n\tAt the risk of repetition we may recapitulate what has been stated by<br \/>\nPW-4 in his FIR and statement recorded under Section 161 Cr.P.C.  PW- 4<br \/>\nascribed the part played by each of the accused in assaulting the deceased as<br \/>\nunder:\n<\/p>\n<p> &#8220;Accused Sucha Singh gave two kirpan blows one after the<br \/>\nother which hit on the head and forehead of Sarabjit Singh.  On<br \/>\nreceipt of the said injuries Sarabjit Singh fell down on the<br \/>\nground.\t While Sarabjit Singh was lying fallen on the ground,<br \/>\nBitoo accused gave two datar blows, which hit Sarabjit Singh<br \/>\non the head towards the side of right ear and right wrist.<br \/>\nAccused Major Singh also gave two Gandasi blows one after<br \/>\nthe other, which hit Sarabjit Singh on the right eye and<br \/>\nforehead.  Accused Sucha Singh gave further kirpan blow,<br \/>\nwhich hit Sarabjit Singh on his wrist of left arm.   Bitoo gave<br \/>\ndatar blow on the right ankle.&#8221;\n<\/p>\n<p>Similar is the statement of PW-5. Altogether 8 injuries were said to have<br \/>\nbeen caused by the accused persons.\n<\/p>\n<p>\tDr.Jagdish Gargi, Assistant Professor, PW-1  conducted the autopsy<br \/>\nand found as many as 24 external injuries:-\n<\/p>\n<p>1.\t&#8220;An incised wound 12 x 3 cm on the forehead extending<br \/>\nfrom the inner angle of right eyebrow to the temporal bone on<br \/>\nthe left side.\tUnderneath bone, membranes and brain matter<br \/>\nwas cut.  Clotted blood was present at the site.\n<\/p>\n<p>2.\tAn incised wound 12 x 4 cm on the forehead and right side<br \/>\nof the face upto tragus extending to the left side of the forehead.<br \/>\nUnderlying bones, membranes and brain matter was cut.<br \/>\nClotted blood was present.\n<\/p>\n<p>3.\tAn incised wound 8 x 2 cm on the right side of face<br \/>\nextending from the right ear upto the outer angle of right eye<br \/>\nwas present.  Underneath bone was cut and clotted blood was<br \/>\npresent.\n<\/p>\n<p>4.\tAn incised wound 5 x 3 cm on the right ear in the middle<br \/>\ncutting the pinna and underlying bone.\tClotted blood was<br \/>\npresent.\n<\/p>\n<p>5.\tAn incised wound 12 x 3 cm on the right side of the head 2<br \/>\ncm above the injury No. 4.  Underlying bone was cut.  Clotted<br \/>\nblood was present.\n<\/p>\n<p>6.\tAn incised wound 7 x 3 cm above the anterior hair line in<br \/>\nthe middle.  Underlying bone was cut and clotted blood was<br \/>\npresent.\n<\/p>\n<p>7.\tAn incised wound 4 x 2 cm on the left side of the head, 6<br \/>\ncm above the left ear.\tUnderlying bone was cut alongwith<br \/>\nmembranes.  Clotted blood was present.\n<\/p>\n<p>8.\tAn incised wound 5 x 2\tcm in the middle of the occipital<br \/>\nregion at the level of external occipital protuberance.<br \/>\nUnderlying bone was partially cut and clotted blood was<br \/>\npresent.\n<\/p>\n<p>9.\tAn incised wound 5 x 2 cm on the back of right index finger<br \/>\nvertically placed.  Underlying bone was cut and clotted blood<br \/>\nwas present.\n<\/p>\n<p>10.\tAn incised wound 2 x 1 cm on the back of right middle<br \/>\nfinger.\t Distal phalanx\t was cut and clotted blood was present.<br \/>\nThe injury was vertically placed.\n<\/p>\n<p>11.\tAn incised wound 1.5 x 1 cm on the back of right ring finger<br \/>\nvertically placed.  Proximal phalanx was cut.\tClotted blood<br \/>\nwas present.  Distal phalanx was cut separately and clotted<br \/>\nblood was present.\n<\/p>\n<p>12.\tAn incised wound 2 x 0.5 cm on the back of right little<br \/>\nfinger in the proximal phalanx region.\tUnderlying bone was<br \/>\ncut.  Injury was vertically placed and clotted blood was present.\n<\/p>\n<p>13.\tAn incised wound 3 x 1.5 cm on the back of hand near its<br \/>\nmedical border.\t Clotted blood was present.\n<\/p>\n<p>14.\tThree incised wounds in an area of 5 x 4 cm, 1cm part were<br \/>\npresent on the dorsum of left hand.  Underneath mate carpals<br \/>\nwere cut.  Injuries were vertically placed and clotted blood was<br \/>\npresent.\n<\/p>\n<p>15.\tAn incised wound 2 x 1 cm on the dorsum of left little<br \/>\nfinger at its base.  Underneath bone was cut.  Injury was<br \/>\nvertically placed and clotted blood was present.\n<\/p>\n<p>16.\tAn incised wound 4 x  cm on the dorsum of left ring finger<br \/>\nvertically placed.  Underneath bone was cut and clotted blood<br \/>\nwas present.  Injury involved the proximal phalanx.\n<\/p>\n<p>17.\tAn incised wound 1.5 x 1 cm at the tip of left middle finger.<br \/>\nThe injury was horizontally placed and the distal phalanx was<br \/>\nmissing.  Clotted blood was present at the site.\n<\/p>\n<p>18.\tAn incised wound 1.5 x 1 cm at the tip of left index finger.<br \/>\nThe injury was horizontally placed and distal phalanx was<br \/>\nmissing.  Clotted blood was present.\n<\/p>\n<p>19.\tAn incised wound 0 x 0.5 cm cutting the nail of the left<br \/>\nthumb.\tClotted blood was present.\n<\/p>\n<p>20.\tA reddish brown abrasion 3 x 1\tcm on the front of right<br \/>\nknee joint.\n<\/p>\n<p>21.\tA reddish brown abrasion 5 x 3 cm on the front of left leg in<br \/>\nits middle.\n<\/p>\n<p>22.\tTwo reddish brown abrasions in an area of 4 x 3 cm on the<br \/>\nback of right forearm.\n<\/p>\n<p>23.\tReddish brown abrasion 2 x 1 cm on the medical aspect of<br \/>\nright arm, 5cm above the elbow joint.\n<\/p>\n<p>24.\tA reddish abrasion with denuding of superficial skin on the<br \/>\nleft flank of the abdomen extending to the buttock region<br \/>\nlaterally in an area of 25 x 15 cm.  Right and left lungs were<br \/>\npale and so were liver, spleen and kidneys. &#8221;\n<\/p>\n<p>PW-4 in his testimony before the Court stated that the accused also<br \/>\ncaused more injuries with their respective weapons on Sarabjit Singh.  This<br \/>\nwitness was confronted with his statement recorded under Section 161<br \/>\nCr.P.C. where he has not stated.  Apart from discrepancy between ocular and<br \/>\nmedial evidence with regard to the injuries sustained by the deceased<br \/>\nSarabjit Singh on his body, the fact that the deceased suffered as many as 24<br \/>\nbodily injuries makes all the more doubtful the presence of PWs 4 and 5 at<br \/>\nthe place of occurrence.  Inflicting 24 injuries on the body of deceased by<br \/>\nthe three accused persons would require a considerable amount of time.<br \/>\nThis itself suggest that the accused had sufficient time at their disposal to<br \/>\ncommit the crime.   Any father, worth the name, would not remain a mute<br \/>\nspectator when his son is being inflicted as many as 24 injuries at his very<br \/>\nnose.\n<\/p>\n<p>\tMr. Walia, learned counsel, lastly contended that there is a strong<br \/>\nmotive connecting the accused with the crime for the reasons being that<br \/>\nKuldip Singh, nephew of accused Sucha Singh was murdered by the<br \/>\ncomplainant party and the accused had nursed a grudge against the<br \/>\ncomplainant party for revenge.\t This plea is of no help to the prosecution<br \/>\ncase.  When the basic foundation of the prosecution case crumbled down,<br \/>\nthe motive becomes inconsequential.  At the same time, animosity is a<br \/>\ndouble-edged sword.  It could be a ground for false implication, it could also<br \/>\nbe a ground for assault.  In the instant case, in view of the facts and<br \/>\ncircumstances as discussed above, the motive, however, strong merely<br \/>\ncreates a suspicion.  Suspicion cannot take the place of proof of guilt.<br \/>\n\tFor the reasons aforestated, we do not find any infirmity in the order<br \/>\nof acquittal, recorded by the High Court, which warranted our interference.<br \/>\nThis appeal is, accordingly, dismissed.\t The accused are on bail.  Their bail<br \/>\nbonds are cancelled and sureties discharged.\n<\/p>\n<p><span class=\"hidden_text\">17<\/span><\/p>\n<p><span class=\"hidden_text\">14<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India State Of Punjab vs Sucha Singh &amp; Ors on 11 February, 2003 Author: Sema Bench: Y.K.Sabharwal, H.K. Sema CASE NO.: Appeal (crl.) 440 of 1996 PETITIONER: State of Punjab RESPONDENT: Sucha Singh &amp; Ors. DATE OF JUDGMENT: 11\/02\/2003 BENCH: Y.K.SABHARWAL &amp; H.K. SEMA JUDGMENT: J U D G M E N [&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-141557","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>State Of Punjab vs Sucha Singh &amp; Ors on 11 February, 2003 - Free Judgements of Supreme Court &amp; 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\/state-of-punjab-vs-sucha-singh-ors-on-11-february-2003\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Punjab vs Sucha Singh &amp; 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