{"id":16802,"date":"2008-09-16T00:00:00","date_gmt":"2008-09-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jasbir-singh-and-another-vs-state-of-punjab-on-16-september-2008"},"modified":"2016-08-18T23:04:32","modified_gmt":"2016-08-18T17:34:32","slug":"jasbir-singh-and-another-vs-state-of-punjab-on-16-september-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jasbir-singh-and-another-vs-state-of-punjab-on-16-september-2008","title":{"rendered":"Jasbir Singh And Another vs State Of Punjab on 16 September, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Jasbir Singh And Another vs State Of Punjab on 16 September, 2008<\/div>\n
Criminal Appeal No.156-DB of 1998                                1\n\n      In the High Court of Punjab and Haryana at Chandigarh\n\n                               Criminal Appeal No.156-DB of 1998\n                               Date of decision:September 16, 2008\n\n\nJasbir Singh and another\n                                              ......Appellants\n\n\n                      Versus\n\n\nState of Punjab\n                                               .......Respondent\n\n\nCORAM: HON'BLE MR.JUSTICE JASBIR SINGH\n        HON'BLE MRS. JUSTICE SABINA\n\n\nPresent:   Mrs.Baljit Kaur Mann, Advocate,\n           for the appellants.\n\n           Mr.Rajesh Bhardwaj, DAG, Punjab.\n                ****\n\nJUDGMENT\n<\/pre>\n
SABINA, J.\n<\/p>\n
           Jasbir Singh and Dalbir Singh, by way of this appeal,<\/p>\n
have challenged the judgment dated 11.3.1998 passed by learned<\/p>\n
Additional Sessions Judge, Amritsar, whereby they were convicted<\/p>\n
and sentenced under Section 302 IPC.\n<\/p>\n
           Prosecution case was set in motion on the basis of<\/p>\n
statement made by Nazir Singh. Complainant stated in his statement<\/p>\n
that on 16.9.1995 at about 9.30 p.m. he was present at his tubewell<\/p>\n
along with his brother Charan Singh.    His another brother Balkar<\/p>\n
Singh had switched on his tubewell, which was at a distance of 2
\n Criminal Appeal No.156-DB of 1998                               2<\/span><\/p>\n
killas from their tubewell and was coming towards their tubewell for<\/p>\n
turning the outlet.   When Balkar Singh reached near the dera of<\/p>\n
Jasbir Singh@ Ghulla, complainant saw that Jasbir Singh @ Ghulla<\/p>\n
armed with a barchhi (spear), Dalbir Singh armed with a spear, Kabal<\/p>\n
Singh and Ajit Singh armed with sua and Gurjant Singh @ Sona<\/p>\n
armed with a dang (stick) came out of the dera of Jasbir Singh. At<\/p>\n
that time electric bulb of Jasbir Singh’s dera was on. Jasbir Singh<\/p>\n
raised a lalkara exhorting his companions to be brave and to catch<\/p>\n
hold of Balkar Singh and further that Balkar Singh be not allowed to<\/p>\n
go alive and should be taught a lesson for irrigating the land. Jasbir<\/p>\n
Singh gave a spear blow which hit Balkar Singh in the middle of his<\/p>\n
chest. Dalbir Singh gave a spear blow which hit him on his left flank.<\/p>\n
Balkar Singh raised alarm and fell on the ground.        Then all the<\/p>\n
assailants gave injuries on the person of Balkar Singh with their<\/p>\n
respective weapons on the left elbow, left thigh, left leg, knee, left<\/p>\n
side of waist, middle finger of the left hand and on other parts of the<\/p>\n
body. Complainant and his brother Charan Singh raised alarm and<\/p>\n
all the assailants fled away from the spot with their respective<\/p>\n
weapons. Balkar Singh succumbed to his injuries at the spot. The<\/p>\n
motive behind occurrence was that there was a common water<\/p>\n
course which was being used for irrigation and the turns for irrigation<\/p>\n
had been fixed but Jasbir Singh and his brothers harboured a grudge<\/p>\n
qua the same.\n<\/p>\n
           On the basis of the statement of the complainant formal
\n Criminal Appeal No.156-DB of 1998                                    3<\/span><\/p>\n
FIR No.126 dated 16.9.1995 was recorded by the police of Police<\/p>\n
Station Chhehartta.\n<\/p>\n
           SI Gajinder Singh then visited the spot along with other<\/p>\n
police officials and lifted blood stained earth from the spot. He also<\/p>\n
lifted juti from the spot. He prepared inquest report with regard to<\/p>\n
dead body of Balkar Singh and the dead body was sent for<\/p>\n
postmortem examination.\n<\/p>\n
           Dr.A.S.Thind conducted the postmortem examination on<\/p>\n
the dead body of Balkar Singh on 17.9.1995 at 12.30 p.m. and found<\/p>\n
the following injuries on his person:-\n<\/p>\n
            “1. Reddish brown abrasion 5 cm x 0.2 cm obliquely<\/p>\n
            placed, 4 cm above and 5 cm lateral to the umbilicus on<\/p>\n
            right side.\n<\/p><\/blockquote>\n
            2. Reddish brown abrasion 3 x 0.2 cm, 1 cm below the<\/p>\n
              proceeding injury on right side.\n<\/p><\/blockquote>\n
            3. Reddish brown abrasion 1 x 0.2 cm, 4 cm below and 1<\/p>\n
              cm lateral to the umbilicus.\n<\/p><\/blockquote>\n
            4. Stab wound 4 cm x 2 cm, 4 cm above and 11 cm<\/p>\n
              medial      to   the   right   nipple.   On   dissection   skin<\/p>\n
              subcutaneous tissues, Muscles, sternum, mediastinal<\/p>\n
              vessels, pleura, right lung shows injuries, right chest<\/p>\n
              cavity contained blood, clotted blood was present.<\/p>\n<\/blockquote>\n
            5. Stab wound 4 cm x 2cm, 18 cm below and 3 cm lateral<\/p>\n
              to the left nipple.      On dissection skin subcutaneous
\n Criminal Appeal No.156-DB of 1998                                 4<\/span><\/p>\n
             tissues, muscles, greater omentum were damaged.<\/p>\n
             Clotted blood was present.\n<\/p><\/blockquote>\n
           6. Stab wound 4 cm x 2 cm, 18 cm below the enterior,<\/p>\n
             superior iliac spine on left side.       On dissection skin<\/p>\n
             subcutaneous tissue, muscle were damaged, clotted<\/p>\n
             blood was present.\n<\/p><\/blockquote>\n
           7. Abrasion reddish brown in colour, 1.5 x 0.5 cm, 10cm<\/p>\n
             above and left knee joint.\n<\/p><\/blockquote>\n
           8. Stabbed wound 4 cm x 1.5 cm on the posterior aspect<\/p>\n
             of left elbow joint. Clotted blood was present.<\/p>\n<\/blockquote>\n
           9. Stab wound 4 cm x 1.5 cm on the posterior aspect of<\/p>\n
             left elbow joint.       Clotted blood was present.        On<\/p>\n
             dissection, injuries No. 8 and 9 were communicating<\/p>\n
             with   each     other    and   were     perpendicular,   skin<\/p>\n
             subcutaneous tissues were damaged.<\/p>\n<\/blockquote>\n
           10. Abrasion reddish brown, 1 cm x 0.5 cm present on the<\/p>\n
             dorsum of the left hand, wrist joint.<\/p>\n<\/blockquote>\n
           11. Lacerated wound 1 cm x 0.3 cm in the middle of first<\/p>\n
             phalynx on middle finger of left hand. Clotted blood<\/p>\n
             was present.”<\/p><\/blockquote>\n
           In his opinion the cause of death was shock and<\/p>\n
haemorrhage as a result of injuries, which were ante mortem in<\/p>\n
nature and sufficient to cause death in the ordinary course of nature.<\/p>\n
           All the accused were          arrested on 23.9.1995.        On
\n Criminal Appeal No.156-DB of 1998                                5<\/span><\/p>\n
24.9.1995 Gurjant Singh suffered a disclosure statement during<\/p>\n
interrogation and on the basis of the same he got recovered a dang<\/p>\n
from the disclosed place which was taken in possession. Accused<\/p>\n
Jasbir Singh during interrogation suffered a disclosure statement and<\/p>\n
on the basis of the same he got recovered a spear from the disclosed<\/p>\n
place, which was also taken in possession.\n<\/p>\n
            On 26.9.1995 accused Dalbir Singh during interrogation<\/p>\n
suffered a disclosure statement and on the basis of the same he got<\/p>\n
recovered a spear from the disclosed place, which was taken in<\/p>\n
possession. On the same day Ajit Singh, during interrogation,<\/p>\n
suffered a disclosure statement and on the basis of the same, he got<\/p>\n
recovered a sua from the disclosed place, which was also taken in<\/p>\n
possession. Kabal Singh also suffered a disclosure statement during<\/p>\n
interrogation and on the basis of the same he got recovered a sua<\/p>\n
from the disclosed place, which was taken in possession. On return<\/p>\n
to the police station, case property was deposited with the MHC.<\/p>\n
            After   completion    of   investigation    and   necessary<\/p>\n
formalities accused were sent up for trial.       Charge against the<\/p>\n
accused was framed under Section 302 IPC on 13.6.1996 to which<\/p>\n
they did not plead guilty and claimed trial.\n<\/p>\n
            Thereafter, vide order dated 7.11.1996, learned trial<\/p>\n
Judge separated the trial of accused Gurjant Singh and sent him for<\/p>\n
trial before the Juvenile Justice Court at Gurdaspur.<\/p>\n
            Prosecution in order to prove its case at the trial
\n Criminal Appeal No.156-DB of 1998                            6<\/span><\/p>\n
examined as many as ten witnesses.       After close of prosecution<\/p>\n
evidence accused, when examined under Section 313 Cr.P.C.,<\/p>\n
prayed that they had been falsely involved in this case and were<\/p>\n
innocent.\n<\/p>\n
            Learned trial Judge believed the prosecution version so<\/p>\n
far as accused Jasbir Singh and Dalbir Singh were concerned and<\/p>\n
convicted them under Section 302 IPC and sentenced them to<\/p>\n
undergo imprisonment for life and fine of Rs.2,000\/- each. Accused<\/p>\n
Kabal Singh and Ajit Singh were acquitted of the charge framed<\/p>\n
against them by giving them benefit of doubt. Hence, the present<\/p>\n
appeal.\n<\/p>\n
            In appeal it has been argued that it was a case of blind<\/p>\n
murder. The eye witnesses were not present at the spot. The dead<\/p>\n
body was recovered from the fields of Sukha Singh in the morning.<\/p>\n
FIR was ante timed, which was recorded after due deliberation and<\/p>\n
the appellants were falsely involved in this case. The presence of<\/p>\n
Charan Singh at the spot was doubtful as he did not have his land<\/p>\n
near the place of occurrence.       Appellant Dalbir Singh had no<\/p>\n
grievance or motive to commit the murder of deceased Balkar Singh.<\/p>\n
The land of Dalbir Singh was not near the place of occurrence. The<\/p>\n
spear alleged to have been recovered from him was not sent for<\/p>\n
chemical examination.\n<\/p>\n
            Learned State counsel, on the other hand, has submitted<\/p>\n
that the presence of eye witnesses at the spot was natural as they
\n Criminal Appeal No.156-DB of 1998                                7<\/span><\/p>\n
were present near the tubewell of complainant. The eye witnesses<\/p>\n
have witnessed the occurrence from a distance of 50 feet in the light<\/p>\n
of the electric bulb glowing in the dera of appellant Jasbir Singh.<\/p>\n
           The complainant, while appearing in the witness box, has<\/p>\n
deposed as per the contents of the FIR. The manner of occurrence<\/p>\n
as deposed by the complainant is duly corroborated by his brother<\/p>\n
Charan Singh (PW-5). Presence of the eye witnesses at the spot<\/p>\n
appears to be natural.\n<\/p>\n
           Exhibit PF is the site plan with regard to place of<\/p>\n
occurrence. We have carefully perused it and a perusal of the same<\/p>\n
reveals that the eye witnesses had witnessed the occurrence from a<\/p>\n
distance of about 50 feet. There is a passage in between the fields<\/p>\n
of Balkar Singh deceased and Sukha Singh. The house of Jasbir<\/p>\n
Singh is near the place of occurrence and at point ‘D’, shown in the<\/p>\n
site plan, an electric bulb was glowing. The tubewell of Nazir Singh<\/p>\n
is also near the house of Jasbir Singh on one side and fields of<\/p>\n
Balkar Singh on the other side. Complainant Nazir Singh has<\/p>\n
categorically deposed that he had gone with his brother Charan<\/p>\n
Singh at his tubewell at 9.30 p.m. It is not unnatural for Charan<\/p>\n
Singh to accompany his brother Nazir Singh at his tubewell. From<\/p>\n
the site plan it   become clear that the eye witnesses could have<\/p>\n
easily witnessed the occurrence from the place where they were<\/p>\n
standing. The dead body was recovered from the fields of Sukha<\/p>\n
Singh, which is adjacent to the house of Jasbir Singh accused and
\n Criminal Appeal No.156-DB of 1998                              8<\/span><\/p>\n
fields of Balkar Singh deceased. Hence, there is no force in the<\/p>\n
contention raised by learned counsel for the appellants that the eye<\/p>\n
witnesses were not present at the spot or could not have witnessed<\/p>\n
the occurrence as it was night time.\n<\/p>\n
           As per the medical evidence the injuries No. 4, 5, 6, 8 and<\/p>\n
9 were result of sharp and pierce weapon. The doctor further opined<\/p>\n
that the possibility of the same having been caused with one and the<\/p>\n
same weapon could not be ruled out. The remaining injuries were<\/p>\n
opined to be with blunt weapon. Stab wound was always incised<\/p>\n
wound and could be caused with a sharp pointed edged weapon.<\/p>\n
Thus, there are five injuries on the person of the deceased which<\/p>\n
had been caused with a sharp and pierce weapon, whereas, the<\/p>\n
remaining injuries have been caused with the blunt weapon. Both<\/p>\n
the appellants were carrying spears. Depending on their use, spears<\/p>\n
can cause sharp as well as blunt injury. Hence, the ocular version is<\/p>\n
duly corroborated by the medical version. Since both the appellants<\/p>\n
were carrying spears and had inflicted injuries on the person of the<\/p>\n
deceased with their respective weapons, it is not possible to hold that<\/p>\n
five stab wounds had been caused by only one person as has been<\/p>\n
suggested by the doctor. The opinion of the doctor is based on<\/p>\n
dimensions of injuries No.4,5,6,8 and 9. Since the weapons carried<\/p>\n
by the appellants were similar, the dimensions of injuries would have<\/p>\n
also been the same.\n<\/p>\n
           The motive attributed to the accused in this case is with
\n Criminal Appeal No.156-DB of 1998                               9<\/span><\/p>\n
regard to water channel. The accused party was dissatisfied with the<\/p>\n
turn of water.    At the time of occurrence the deceased, after<\/p>\n
switching on his tubewell, was proceeding towards the outlet for<\/p>\n
turning the water and due to this reason he was attacked by the<\/p>\n
appellants. Although Dalbir Singh was not having a joint land with<\/p>\n
the accused Jasbir Singh and was having a separate residence yet<\/p>\n
his presence at the spot cannot be doubted because he must have<\/p>\n
come to the spot in order to help his real brother Jasbir Singh to<\/p>\n
achieve his object. In a case of an eye witness account motive more<\/p>\n
or less loses its significance, although in the present case the<\/p>\n
prosecution has been able to establish motive.<\/p>\n
           Occurrence in this case had taken place at about 9.30<\/p>\n
p.m on 16.9.1995. The matter was reported to the police and the FIR<\/p>\n
was recorded at 11.40 p.m. The special report, however, reached<\/p>\n
the Magistrate at 9.30 a.m. on 17.9.1995. Devinder Singh (PW-10)<\/p>\n
has been examined in this regard, who has stated in his affidavit that<\/p>\n
on 16.9.1995 MHC of Police Station had handed over to him special<\/p>\n
report. On that day Area Magistrate was on leave and he could not<\/p>\n
locate the residence of Sh. U.S.Gera, Judicial Magistrate (Ist class),<\/p>\n
Amritsar and handed over the special report to the said Magistrate at<\/p>\n
9.30 a.m. on 17.9.1995. From this it is evident that the special report<\/p>\n
could not be handed over to the Magistrate forthwith as the<\/p>\n
Constable on duty could not locate house of the other Magistrate as<\/p>\n
the Duty Magistrate was on leave. It can be said that the Constable
\n Criminal Appeal No.156-DB of 1998                               10<\/span><\/p>\n
had not acted in a prompt manner but in the facts of the present case<\/p>\n
it cannot be said that the delay in sending the special report to the<\/p>\n
Magistrate had been mis-utilised. It has been held by the Apex Court<\/p>\n
in the case of Shiv Ram v. State of Uttar Pradesh<\/a> 1998 (1) RCR<\/p>\n
778   that delay in sending special report to Magistrate would not<\/p>\n
demolish the other positive and credible evidence on record. This<\/p>\n
would only show that the investigating agency was not careful and<\/p>\n
prompt as it ought to be.\n<\/p>\n
              It has further been held by the Apex Court in the case of<\/p>\n
State of Uttar Pradesh v. Gokaran and others AIR<\/a> 1985 Supreme<\/p>\n
Court 131 that it was not that if every delay in sending special report<\/p>\n
to the District Magistrate would necessarily lead to the inference that<\/p>\n
the FIR had not been lodged at the time stated or had been<\/p>\n
antetimed or antedated or that the investigation was not fair and<\/p>\n
forthright.\n<\/p>\n
              In the present case the investigation started immediately<\/p>\n
on receipt of the information regarding the occurrence.       FIR was<\/p>\n
promptly recorded and the Investigating Officer immediately visited<\/p>\n
the spot. As such, the delay in sending the special report to the<\/p>\n
Magistrate fails to demolish the prosecution case, which is otherwise<\/p>\n
duly established from the ocular and medical evidence on record and<\/p>\n
it cannot be held in the present case that the FIR was ante timed.<\/p>\n
The barchi recovered on the basis of disclosure statement suffered<\/p>\n
by accused Dalbir Singh was not sent for chemical examination as it
\n Criminal Appeal No.156-DB of 1998                               11<\/span><\/p>\n
was not blood stained. It must have been cleaned by the accused<\/p>\n
and hidden at the disclosed place.\n<\/p>\n
           We have carefully examined the entire evidence on<\/p>\n
record and find that there is no reason to differ with the view taken by<\/p>\n
the learned trial Judge in convicting and sentencing the appellants<\/p>\n
under Section 302 IPC.\n<\/p>\n
           Accordingly, this appeal is dismissed.\n<\/p>\n<\/p>\n
                                                     (SABINA)
\n                                                      JUDGE<\/p>\n
                                               (JASBIR SINGH)
\n                                                   JUDGE<\/p>\n
September 16, 2008
\nanita\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Jasbir Singh And Another vs State Of Punjab on 16 September, 2008 Criminal Appeal No.156-DB of 1998 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Appeal No.156-DB of 1998 Date of decision:September 16, 2008 Jasbir Singh and another ……Appellants Versus State of Punjab …….Respondent CORAM: HON’BLE MR.JUSTICE JASBIR […]<\/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-16802","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nJasbir Singh And Another vs State Of Punjab on 16 September, 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\/jasbir-singh-and-another-vs-state-of-punjab-on-16-september-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jasbir Singh And Another vs State Of Punjab on 16 September, 2008 - 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