{"id":213668,"date":"2009-05-06T00:00:00","date_gmt":"2009-05-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/baldev-singh-vs-state-of-punjab-on-6-may-2009"},"modified":"2017-02-11T06:47:59","modified_gmt":"2017-02-11T01:17:59","slug":"baldev-singh-vs-state-of-punjab-on-6-may-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/baldev-singh-vs-state-of-punjab-on-6-may-2009","title":{"rendered":"Baldev Singh vs State Of Punjab on 6 May, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Baldev Singh vs State Of Punjab on 6 May, 2009<\/div>\n<div class=\"doc_author\">Author: S Sinha<\/div>\n<div class=\"doc_bench\">Bench: S.B. Sinha, Mukundakam Sharma<\/div>\n<pre>                                                                  REPORTABLE\n\n                 IN THE SUPREME COURT OF INDIA\n\n             CRIMINAL APPELLATE JURISDICTION\n\n                 CRIMINAL APPEAL NO. 553 OF 2008\n\n\nBALDEV SINGH                                        ... APPELLANT\n\n                                Versus\n\nSTATE OF PUNJAB                                     ... RESPONDENT\n\n\n\n\n                           JUDGMENT\n<\/pre>\n<p>S.B. Sinha, J.\n<\/p>\n<\/p>\n<p>1.    This appeal is directed against the judgment and order dated<\/p>\n<p>14.12.2006 passed by a Division Bench of the High Court of Punjab &amp;<\/p>\n<p>Haryana at Chandigarh in Criminal Appeal No. 298-DB of 2006 affirming<\/p>\n<p>the judgment and order dated 30.3.2006 passed by the Additional Sessions<\/p>\n<p>Judge, Jalandhar convicting the appellant herein for commission of an<\/p>\n<p>offence under Section 302 read with Section 120B of the Indian Penal<\/p>\n<p>Code (for short, &#8220;IPC&#8221;) and sentencing him to undergo rigorous<br \/>\n<span class=\"hidden_text\">                                     2<\/span><\/p>\n<p>imprisonment for life and pay a fine of Rs.5000\/-, and in default of<\/p>\n<p>payment of fine, to further undergo rigorous imprisonment for six months.<\/p>\n<p>2.    Appellant &#8211; Baldev Singh and Pritam Singh (the deceased) were<\/p>\n<p>brothers. Both were Non Resident Indians (N.R.I.).<\/p>\n<p>      A civil suit was filed by the deceased Pritam Singh against his<\/p>\n<p>nephew Harbhinder Singh, Tehal Singh and his brother Baldev Singh<\/p>\n<p>seeking declaration that the sale deed executed on 21st October, 1997 on<\/p>\n<p>the basis of a Power of Attorney dated 15th October 1990 is null and void<\/p>\n<p>as it was allegedly forged and fabricated.\n<\/p>\n<\/p>\n<p>      On or about 17.2.2001 at about 11.00 a.m., when Pritam Singh was<\/p>\n<p>making preparation to leave his house in Paragpur for Jalandhar (Punjab),<\/p>\n<p>he was killed at his residence. The said incident was allegedly witnessed<\/p>\n<p>by Nath Ram (P.W. 25), who was a servant of Pritam Singh for last 40<\/p>\n<p>years and Parminder @ Bittu, the driver of the deceased.<\/p>\n<p>      A First Information Report (&#8220;FIR&#8221; for short) was lodged marked as<\/p>\n<p>FIR No. 131 of 2001 on 17.2.2001 at about 1.40 p.m. by P.W. 25, wherein<\/p>\n<p>he stated:\n<\/p>\n<\/p>\n<blockquote><p>             &#8220;Since last forty years, I have been working as<br \/>\n             Servant with Pritam Singh, resident of Pragpur.<\/p>\n<p>             Pritam Singh is an NRI who is residing in<br \/>\n             England. He has kothi and land in village<br \/>\n             Pragpur. I look after it and Pritam Singh also<br \/>\n             visits the place. Pritam Singh has been living in<br \/>\n<span class=\"hidden_text\">                        3<\/span><\/p>\n<p>his kothi at Pragpur for the last about 5-6 years.<br \/>\nWhenever in the morning, Pritam Singh used to<br \/>\ngo out in car, then after his crossing I used to<br \/>\nclose the gate from inside. Today, at about 11<br \/>\nA.M., Pritam Singh after taking meals got ready<br \/>\nto go to Jalandhar and I also came out from the<br \/>\nKothi. Parminder Singh @ Bittu driver was<br \/>\nstanding outside, who also accompanied us. In<br \/>\nthe meanwhile two youngmen came inside<br \/>\nthrough main gate and came to us. One of these<br \/>\nyoungmen was clean shaven who had covered<br \/>\nhimself with thin blanket (loi). He was having<br \/>\ngood height, wheatish complexion and putting<br \/>\nhelmet on his head. The second one was a Sikh<br \/>\nhaving wheatish complexion wearing turban on<br \/>\nhis head and having beared. Clean shaven<br \/>\nperson took out small double barrel gun .12 bore<br \/>\nfrom loi wrapped by him and fired a shot at<br \/>\nPritam Singh. Then Pritam Singh saved himself<br \/>\ncleverly and went inside. Both these youngmen<br \/>\nchased Pritam Singh and went inside through<br \/>\nKainchi gate. Then clean shaven person gave<br \/>\nfired another shot at Pritam Singh, which hit on<br \/>\nthe right side of the back of Pritam Singh as a<br \/>\nresult of which, Pritam Singh fell down straight<br \/>\non the floor and blood started oozing from back<br \/>\nand chest. Both these youngmen ran away<br \/>\ntogether with their arms and ammunition<br \/>\nthrough main gate. We both saw Pritam Singh.\n<\/p>\n<p>The abdomen of Pritam Singh was ruptured and<br \/>\nhe had died. Parminder Singh driver and I have<br \/>\nwitnessed this occurrence. The cause of grudge<br \/>\nis that a dispute between both real brothers<br \/>\nPritam Singh and Baldev Singh regarding Kothi<br \/>\nand land is pending in the Court at Jalandhar,<br \/>\nwhich was fixed for hearing on yesterday i.e.<br \/>\n15.2.2001 (sic 16.2.2001). In the year 1988,<br \/>\nBaldev Singh along with his sons, son-in-law<br \/>\nand other persons duly armed with ammunition<br \/>\nhad tried to take possession of kothi and land.<br \/>\nBaldev Singh and his accomplices had fired<br \/>\nshots and Gurmej Singh of Pritam Singh&#8217;s party<br \/>\nhad died, and one person had become injured.\n<\/p>\n<p><span class=\"hidden_text\">                                    4<\/span><\/p>\n<p>            In this regard, case FIR No.221\/88, under<br \/>\n            Section 302\/307, 148\/149 IPC 25\/27\/54\/59<br \/>\n            Arms Act was registered in the Police Station, in<br \/>\n            which Baldev Singh was convicted and his sons<br \/>\n            are absconders and have fled away to foreign<br \/>\n            country. I am sure that even now Baldev Singh,<br \/>\n            by sending both these youngmen by giving them<br \/>\n            allurement has got murdered Pritam Singh with<br \/>\n            gun-shot. I can identify both these youngmen if<br \/>\n            they come across me. Action be taken. I have<br \/>\n            heard my statement, which is correct.&#8221;\n<\/p>\n<p>      The Investigating Officer prepared an inquest report on 17.2.2001.<\/p>\n<p>He recovered the clothes and a pair of spectacles with the left glass<\/p>\n<p>missing belonging to the deceased. He noticed a gun shot injury on the<\/p>\n<p>right side of the back of the deceased. His abdomen was ruptured as<\/p>\n<p>pellets had struck in the back and right hand. The Investigating Officer<\/p>\n<p>also picked up the blood stained soil from the spot, a blood stained<\/p>\n<p>spectacles cover and two empty .12 bore cartridges. He also recovered<\/p>\n<p>from outside the room a Canadian driving licence bearing No. 6130617<\/p>\n<p>allegedly belonging to Harbhinder Singh. The dead body was thereafter<\/p>\n<p>sent for post mortem examination.\n<\/p>\n<\/p>\n<p>      On 18.2.2001, the post mortem of the deceased was conducted by a<\/p>\n<p>medical board consisting of Dr. H.S. Kahlon (P.W.1), Dr. Rajnish and Dr.<\/p>\n<p>Ranbir Singh. It was of the opinion that the death was caused due to<\/p>\n<p>shock and hemorrhage, following fire arm injuries which was sufficient to<\/p>\n<p>cause death in the ordinary course of business. It was also stated in the<br \/>\n<span class=\"hidden_text\">                                    5<\/span><\/p>\n<p>report that the death had occurred immediately and the time of death is 24<\/p>\n<p>hours prior to holding of the post mortem examination.<\/p>\n<p>       On 20.2.2001, Harbhinder Singh was arrested from the Indira<\/p>\n<p>Gandhi International Air Port at Delhi while he was about to leave for<\/p>\n<p>London. On the same day, one Avtar Singh was also arrested by the<\/p>\n<p>police.\n<\/p>\n<\/p>\n<p>       On 23.2.2001, both Harbhinder Singh as well as Avtar Singh made<\/p>\n<p>disclosure statements to the police. Pursuant to the recording of the<\/p>\n<p>alleged disclosure, some recoveries were made on the pointing out of the<\/p>\n<p>accused persons, including two empty cartridges allegedly fired from the<\/p>\n<p>gun.\n<\/p>\n<\/p>\n<p>3.     The learned Additional Sessions Judge framed charges against<\/p>\n<p>Harbhinder Singh and Avtar Singh under Section 302\/450 IPC read with<\/p>\n<p>34 IPC and Sections 25\/27 of the Arms Act.\n<\/p>\n<\/p>\n<p>       A large number of witnesses were examined during the course of<\/p>\n<p>the trial. Learned Additional Sessions Judge opining that Harbhinder<\/p>\n<p>Singh and Avtar Singh were guilty, convicted them for commission of<\/p>\n<p>offences under Sections 302\/450 IPC and under Section 25 of the Arms<\/p>\n<p>Act.\n<\/p>\n<p><span class=\"hidden_text\">                                     6<\/span><\/p>\n<p>4.    Indisputably, appellant &#8211; Baldev Singh left India on 16th February<\/p>\n<p>2001 for Vancouver. He returned to India on 19th August, 2004. His<\/p>\n<p>arrival at Delhi Airport was communicated to SSP, Jalandhar. On the<\/p>\n<p>basis of this information, ASI Harpal Singh (P.W. 13) after obtaining<\/p>\n<p>production warrants arrested Baldev Singh on 20th August, 2004.         A<\/p>\n<p>supplementary report under Section 173 of the Code of Criminal<\/p>\n<p>Procedure (&#8220;Code&#8221; for short) was filed against him on 24th August 2005.<\/p>\n<p>Charge was framed against him under Section 120-B IPC on 19th<\/p>\n<p>September, 2005. He pleaded not guilty and claimed to be tried.<\/p>\n<p>      The learned Sessions Judge conducted the trial against the appellant<\/p>\n<p>separately and examined as many as 28 prosecution witnesses.          The<\/p>\n<p>learned Sessions Judge found him guilty for commission of an offence<\/p>\n<p>under Section 302 read with 120B IPC and sentenced him to undergo life<\/p>\n<p>imprisonment and to pay a fine of Rs.5000\/-, and in default whereof to<\/p>\n<p>undergo rigorous imprisonment for 6 months.<\/p>\n<p>      In arriving at the said finding , the following evidences were taken<\/p>\n<p>into consideration:\n<\/p>\n<\/p>\n<blockquote><p>      i)     Deceased was brother of the appellant;\n<\/p><\/blockquote>\n<blockquote><p>      ii)    He had a motive to get the brother killed;\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                    7<\/span><\/p>\n<blockquote><p>      iii)   Lalit Kumar (P.W.26) being an independent witness, there<\/p>\n<p>             was no reason to disbelieve his evidence;\n<\/p><\/blockquote>\n<blockquote><p>      iv)    Statement of Avtar Singh is admissible under Section 30 of<\/p>\n<p>             the Evidence Act;\n<\/p><\/blockquote>\n<blockquote><p>      v)     Gun with which the shots were fired earlier belonged to the<\/p>\n<p>             appellant.\n<\/p><\/blockquote>\n<p>5.    As noticed hereinbefore, criminal appeal filed by the appellant has<\/p>\n<p>been dismissed by the High Court by reason of the impugned judgment<\/p>\n<p>inter alia holding:\n<\/p>\n<\/p>\n<blockquote><p>             &#8220;When all the evidence is taken together the<br \/>\n             conclusion that is irresistible is that Baldev<br \/>\n             Singh master-minded his brother&#8217;s murder.<br \/>\n             Baldev Siingh was a convict who was<br \/>\n             undergoing life sentence, was on bail after his<br \/>\n             sentence was suspended. Baldev Singh had<br \/>\n             managed to convince Avtar Singh, a fellow<br \/>\n             jailmate, to also join Harbhinder Singh, who<br \/>\n             arrived in India on February 7, Baldev Singh<br \/>\n             purchased the weapon, his son took the weapon<br \/>\n             and shot the deceased, Baldev Singh left India a<br \/>\n             day before the occurrence while Harbhinder<br \/>\n             Singh tried to flee three days after occurrence.<br \/>\n             The latter was arrested but the former had<br \/>\n             successfully managed to escape. Baldev Singh&#8217;s<br \/>\n             gun was recovered from the possession of his<br \/>\n             son Harbhinder Singh.\n<\/p><\/blockquote>\n<blockquote><p>                   The above chain of circumstances is so<br \/>\n             complete that one cannot take a view other than<br \/>\n             that Pritam Singh&#8217;s murder was committed on<br \/>\n             the basis of a conspiracy in which Pritam<br \/>\n             Singh&#8217;s brother Baldev Singh was a participant,<br \/>\n<span class=\"hidden_text\">                                   8<\/span><\/p>\n<p>            may be the leader. The circumstances are<br \/>\n            crystal clear and there does not appear to be any<br \/>\n            ambiguity and inconsistency in the chain. The<br \/>\n            circumstantial evidence also finds support from<br \/>\n            the evidence of Sukhdev Singh (PW-22) and<br \/>\n            Lalit Kumar (PW-26). Therefore, the argument<br \/>\n            of the learned counsel for the appellant that the<br \/>\n            appellant was not in the country when Pritam<br \/>\n            Singh was murdered and could not have<br \/>\n            conspired in the murder cannot be accepted.<br \/>\n            Conspirators conspire in secrecy and disperse<br \/>\n            after the plan has been finalized and separate<br \/>\n            tasks are assigned to each members of the<br \/>\n            conspiracy. The conspiracy in this case was to<br \/>\n            murder Pritam Singh. It was between Baldev<br \/>\n            Singh and his son and also between Baldev<br \/>\n            Singh and Avtar Singh. Therefore, the obvious<br \/>\n            conclusion in this case, on the basis of strong<br \/>\n            circumstantial evidence, would be that Baldev<br \/>\n            Singh indeed was a member of the conspiracy.\n<\/p><\/blockquote>\n<blockquote><p>                  In the light of the above, evidence of<br \/>\n            Sukhdev Singh and Lalit Kumar provides<br \/>\n            support to the circumstantial evidence. The<br \/>\n            argument that Harbhinder Singh had not acted at<br \/>\n            the behest of his father finds no support, either<br \/>\n            from the evidence on record or from any other<br \/>\n            circumstance. This argument is hollow as the<br \/>\n            circumstantial evidence against the appellant is<br \/>\n            very strong regarding his participation as a<br \/>\n            conspirator in his brother&#8217;s murder.&#8221;\n<\/p><\/blockquote>\n<p>6.    Indisputably, the incident took place on 17.2.2001. Appellant had<\/p>\n<p>left India for Vancouver (Canada) on 16.2.2001, i.e., a day prior to the<\/p>\n<p>date of incident. He came back to India in August 2004 when he was<\/p>\n<p>arrested. The main accused, namely, Avtar Singh and Harbhinder Singh,<\/p>\n<p>however, were tried separately. We may notice that Harbhinder Singh<br \/>\n<span class=\"hidden_text\">                                     9<\/span><\/p>\n<p>was found guilty under Section 302 IPC and Avtar Singh was found guilty<\/p>\n<p>under Section 302\/34 IPC. They were also found guilty under Section<\/p>\n<p>450 IPC. Whereas Harbhinder Singh was also found guilty under Section<\/p>\n<p>27 of the Arms Act, Avtar Singh was found guilty under Section 25<\/p>\n<p>thereof.\n<\/p>\n<\/p>\n<p>      It is, however, of some significance to notice that Avtar Singh and<\/p>\n<p>Harbhinder Singh were not charged for commission of offence under<\/p>\n<p>Section 120B IPC. The legal position in this regard will be adverted to a<\/p>\n<p>little later. At this stage, we may also notice that both the courts below<\/p>\n<p>have passed the aforementioned judgment of conviction and sentence as<\/p>\n<p>against the appellant relying inter alia on the evidence of Lalit Kumar<\/p>\n<p>(PW-26), who was a taxi driver and is said to have overheard the<\/p>\n<p>conversation amongst the accused in regard to hatching of a purported<\/p>\n<p>conspiracy as also on the basis of an extra judicial confession purported to<\/p>\n<p>have been made by Avtar Singh before Sukhdev Singh (P.W.22). It now<\/p>\n<p>stands admitted that apart from the aforementioned two pieces of<\/p>\n<p>evidence, no other evidence was brought on record against the appellant.<\/p>\n<p>7.    P.W. 26 &#8211; Lalit Kumar &#8211; was a taxi driver. His statement was<\/p>\n<p>recorded in the court on 15.1.2002. Accused persons are said to have<\/p>\n<p>hired his taxi from Goraya for going to Paragpur. On the way, they<\/p>\n<p>stopped at a `Dhaba&#8217;. According to him, although he was a taxi driver he<br \/>\n<span class=\"hidden_text\">                                     10<\/span><\/p>\n<p>shared food and drinks with the accused. A plan to cause the death of<\/p>\n<p>Pritam Singh was said to have been discussed by them only at the said<\/p>\n<p>Dhaba.    On the one hand, he stated that he overheard the accused<\/p>\n<p>discussing the said subject, but on the other, as noticed hereinbefore, he<\/p>\n<p>shared meals and drinks with them. In his cross-examination he admitted<\/p>\n<p>that he did not know the accused persons from before; he did not<\/p>\n<p>remember the number of his taxi; he was not an owner of the taxi; he had<\/p>\n<p>plied taxi only for five days. It is borne out from records that he came to<\/p>\n<p>court with Rana, who had shown active interest in the case.<\/p>\n<p>      He, when confronted with his statements made before the<\/p>\n<p>Investigating Officer, stated:\n<\/p>\n<\/p>\n<blockquote><p>             &#8220;Out of my two statements made above my<br \/>\n             statement with regard to accused having<br \/>\n             consumed the liquor in the ahata is correct and<br \/>\n             my other statement of consuming liquor by<br \/>\n             accused in dhaba is wrong. 3-4 more people<br \/>\n             were there in the said ahata.&#8221;<\/p><\/blockquote>\n<p>      Indisputably, he did not reveal the said fact to any other person. He<\/p>\n<p>made his statement for the first time before the police. He made a<\/p>\n<p>statement thereafter only in the court.\n<\/p>\n<\/p>\n<p>8.    Although he did not have any acquaintance with the accused<\/p>\n<p>persons; he not only could identify the accused in court but appears to<br \/>\n<span class=\"hidden_text\">                                      11<\/span><\/p>\n<p>have been knowing their nick names as also their avocation of life.<\/p>\n<p>Admittedly, Rana is his partner in a business concern known as Saraswati<\/p>\n<p>Mill Store, the office of which is located in the building of Rana. His<\/p>\n<p>evidence, in our opinion, does not inspire confidence.<\/p>\n<p>9.    Conspiracy is defined in Section 120A of the IPC to mean:<\/p>\n<blockquote><p>             &#8220;120A. Definition of criminal conspiracy.-<br \/>\n             When two or more persons agree to do, or cause<br \/>\n             to be done,&#8211;\n<\/p><\/blockquote>\n<blockquote><p>                       (1) an illegal act, or<\/p>\n<p>                       (2) an act which is not illegal by illegal<br \/>\n                       means, such an agreement is<br \/>\n                       designated a criminal conspiracy:\n<\/p><\/blockquote>\n<blockquote><p>                           Provided that no agreement except<br \/>\n                           an agreement to commit an offence<br \/>\n                           shall amount to a criminal<br \/>\n                           conspiracy unless some act besides<br \/>\n                           the agreement is done by one or<br \/>\n                           more parties to such agreement in<br \/>\n                           pursuance thereof.\n<\/p><\/blockquote>\n<blockquote><p>                    Explanation.&#8211;It is immaterial whether the<br \/>\n                    illegal act is the ultimate object of such<br \/>\n                    agreement, or is merely incidental to that<br \/>\n                    object.&#8221;\n<\/p><\/blockquote>\n<blockquote><p>      An offence of conspiracy which is a separate and distinct offence,<\/p>\n<p>thus, would require involvement of more than one person.<\/p><\/blockquote>\n<p>      Criminal conspiracy is an independent offence. It is punishable<\/p>\n<p>separately; its ingredients being:-\n<\/p>\n<\/p>\n<blockquote><p>      (i)    an agreement between two or more persons.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                      12<\/span><\/p>\n<blockquote><p>      (ii)   the agreement must relate to doing or causing to be done<\/p>\n<p>             either (a) an illegal act; (b) an act which is not illegal in itself<\/p>\n<p>             but is done by illegal means.<\/p><\/blockquote>\n<p>      It is now, however, well settled that a conspiracy ordinarily is<\/p>\n<p>hatched in secrecy. The court for the purpose of arriving at a finding as to<\/p>\n<p>whether the said offence has been committed or not may take into<\/p>\n<p>consideration the circumstantial evidence. While however doing so, it<\/p>\n<p>must be borne in mind that meeting of the mind is essential; mere<\/p>\n<p>knowledge or discussion would not be.\n<\/p>\n<\/p>\n<p>      Adverting to the said question once again, we may, however, notice<\/p>\n<p>that recently in Yogesh @ <a href=\"\/doc\/65700\/\">Sachin Jagdish Joshi v. State of Maharashtra<\/a><\/p>\n<p>[(2008) 6 SCALE 469], a Division Bench of this Court held:<\/p>\n<blockquote><p>             &#8220;23. Thus, it is manifest that the meeting of<br \/>\n             minds of two or more persons for doing an<br \/>\n             illegal act or an act by illegal means is sine qua<br \/>\n             non of the criminal conspiracy but it may not be<br \/>\n             possible to prove the agreement between them<br \/>\n             by direct proof. Nevertheless, existence of the<br \/>\n             conspiracy and its objective can be inferred from<br \/>\n             the surrounding circumstances and the conduct<br \/>\n             of the accused. But the incriminating<br \/>\n             circumstances must form a chain of events from<br \/>\n             which a conclusion about the guilt of the<br \/>\n             accused could be drawn. It is well settled that an<br \/>\n             offence of conspiracy is a substantive offence<br \/>\n             and renders the mere agreement to commit an<br \/>\n             offence punishable even if an offence does not<br \/>\n             take place pursuant to the illegal agreement.&#8221;\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                      13<\/span><\/p>\n<blockquote><p>      Yet again in <a href=\"\/doc\/1041213\/\">Nirmal Singh Kahlon vs. State of Punjab &amp; Ors.<\/a>\n<\/p><\/blockquote>\n<p>[(2008) 14 SCALE 639], this Court following <a href=\"\/doc\/889775\/\">Ram Lal Narang vs. State<\/p>\n<p>(Delhi Administration<\/a> [(1979) 2 SCC 322] held that a conspiracy may be<\/p>\n<p>a general one and a separate one meaning thereby a larger conspiracy and<\/p>\n<p>a smaller which may develop in successive stages.               For the<\/p>\n<p>aforementioned purpose, the conduct of the parties also assumes some<\/p>\n<p>relevance.\n<\/p>\n<\/p>\n<p>      <a href=\"\/doc\/434622\/\">In K.R. Purushothaman vs. State of Kerala<\/a> [(2005) 12 SCC 631],<\/p>\n<p>this Court held:\n<\/p>\n<\/p>\n<blockquote><p>             &#8220;11. Section 120A of I.P.C. defines &#8216;criminal<br \/>\n             conspiracy.&#8217; According to this Section when two<br \/>\n             or more persons agree to do, or cause to be done\n<\/p><\/blockquote>\n<blockquote><p>             (i) an illegal act, or (ii) an act which is not<br \/>\n             illegal by illegal means, such an agreement is<br \/>\n             designed a criminal conspiracy. <a href=\"\/doc\/342903\/\">In Major E.G.<br \/>\n             Barsay v. State of Bombay,<\/a> (1962) 2 SCR 195,<br \/>\n             Subba Rao J., speaking for the Court has said:\n<\/p><\/blockquote>\n<blockquote><p>                   &#8220;The gist of the offence is an<br \/>\n                   agreement to break the law. The<br \/>\n                   parties to such an agreement will be<br \/>\n                   guilty of criminal conspiracy,<br \/>\n                   though the illegal act agreed to be<br \/>\n                   done has not been done. So too, it is<br \/>\n                   not an ingredient of the offence that<br \/>\n                   all the parties should agree to do a<br \/>\n                   single illegal act, It may comprise<br \/>\n                   the commission of a number of<br \/>\n                   acts.&#8221;\n<\/p><\/blockquote>\n<blockquote><p>                   xxx          xxx          xxx<br \/>\n<span class=\"hidden_text\">                                  14<\/span><\/p>\n<\/blockquote>\n<blockquote><p>           13. To constitute a conspiracy, meeting of<br \/>\n           mind of two or more persons for doing an illegal<br \/>\n           act or an act by illegal means is the first and<br \/>\n           primary condition and it is not necessary that all<br \/>\n           the conspirators must know each and every<br \/>\n           detail of conspiracy. Neither it is necessary that<br \/>\n           every one of the conspirators takes active part in<br \/>\n           the commission of each and every conspiratorial<br \/>\n           acts. The agreement amongst the conspirators<br \/>\n           can be inferred by necessary implications. In<br \/>\n           most of the cases, the conspiracies are proved by<br \/>\n           the circumstantial evidence, as the conspiracy is<br \/>\n           seldom an open affair, The existence of<br \/>\n           conspiracy and its objects are usually deducted<br \/>\n           from the circumstances of the case and the<br \/>\n           conduct of the accused involved in the<br \/>\n           conspiracy. While appreciating the evidence of<br \/>\n           the conspiracy, it is incumbent on the Court to<br \/>\n           keep in mind the well-known rule governing<br \/>\n           circumstantial evidence viz., each and every<br \/>\n           incriminating circumstance must be clearly<br \/>\n           established by reliable evidence and the<br \/>\n           circumstances proved must form a chain of<br \/>\n           events from which the only irresistible<br \/>\n           conclusion about the guilt of the accused can be<br \/>\n           safely drawn, and no other hypothesis against<br \/>\n           the guilt is possible. The criminal conspiracy is<br \/>\n           an independent offence in Indian Penal Code.\n<\/p><\/blockquote>\n<\/blockquote>\n<blockquote><p>           The unlawful agreement is sine quo non for<br \/>\n           constituting offence under Indian Penal Code<br \/>\n           and not an accomplishment. Conspiracy consists<br \/>\n           of the scheme or adjustment between two or<br \/>\n           more persons which may be express or implied<br \/>\n           or partly express and partly implied. Mere<br \/>\n           knowledge, even discussion, of the Plan would<br \/>\n           not per se constitute conspiracy. The offence of<br \/>\n           conspiracy shall continue till the termination of<br \/>\n           agreement.&#8221;<\/p><\/blockquote>\n<p>     As noticed hereinbefore, neither Avtar Singh nor Harbhinder Singh<\/p>\n<p>were charged for commission of offence punishable under Section 120B<br \/>\n<span class=\"hidden_text\">                                   15<\/span><\/p>\n<p>IPC.   In our opinion, therefore, appellant alone could not have been<\/p>\n<p>convicted under Section 302 read with Section 120B of the IPC.<\/p>\n<p>       In Darshan Singh @ Bhasuri Ors. vs. State of Punjab [(1983) 2<\/p>\n<p>SCR 605], this Court cautioned that the court ordinarily should not<\/p>\n<p>convict a person for commission of offence of conspiracy on the basis of a<\/p>\n<p>weak evidence, stating:\n<\/p>\n<\/p>\n<blockquote><p>            &#8220;The evidence regarding conspiracy is as weak<br \/>\n            as the evidence about the dying declaration of<br \/>\n            Sohan Singh, Surat Singh (P.W. 27) speaks of a<br \/>\n            meeting between the co-conspirators in the<br \/>\n            house of accused No. 1, Darshan Singh alias<br \/>\n            Bhasuri. We cannot believe that in the presence<br \/>\n            of an utter stranger like Surat Singh, the<br \/>\n            conspirators would discuss their plans to commit<br \/>\n            these murders, throwing all caution to the winds.<br \/>\n            The answer of the High Court is that the<br \/>\n            conspirators were taking liquor while discussing<br \/>\n            the conspiracy and,<\/p>\n<p>                   `When liquor is taken, then under its<br \/>\n                   influence sometimes most secret things<br \/>\n                   are divulged in the presence of a<br \/>\n                   person who is not so intimately<br \/>\n                   connected. It is often said, when liquor<br \/>\n                   goes in, truth comes out.&#8217;<\/p>\n<p>                  This is somewhat artless. Liquor is no lie-<br \/>\n            detector and we cannot assume that accused<br \/>\n            Nos. 1 and 2 were so drunk as to overlook the<br \/>\n            presence of a stranger in their midst yet not so<br \/>\n            drunk so as to be unable to discuss the execution<br \/>\n            of their criminal design. Besides, Surat Singh<br \/>\n            forgot all about the incident and was contacted<br \/>\n            by the police a few days later. The learned<br \/>\n            Sessions Judge was right in holding that Surat<br \/>\n            Singh&#8217;s evidence suffers from certain infirmities,<br \/>\n<span class=\"hidden_text\">                                   16<\/span><\/p>\n<p>            because of which one could not place implicit<br \/>\n            reliance upon him. We would go further and say<br \/>\n            that his evidence is too unnatural to merit<br \/>\n            serious attention. Apart from the evidence of<br \/>\n            motive, Surat Singh&#8217;s evidence in regard to the<br \/>\n            conspiracy is the only evidence against accused<br \/>\n            No. 1 Bhasuri and accused No. 2 Joga Singh. It<br \/>\n            is on that evidence that these two accused have<br \/>\n            been convicted under Section 120-B read with<br \/>\n            Section 302 of the Penal Code, the former being<br \/>\n            sentenced to death and the latter, because of his<br \/>\n            young age, to life imprisonment,&#8221;\n<\/p><\/blockquote>\n<p>10.   We are now left with the question of purported extra judicial<\/p>\n<p>confession by the co-accused Avtar Singh.       Such a purported extra<\/p>\n<p>judicial confession was made by Avtar Singh before Sukhdev Singh<\/p>\n<p>(P.W.22). The distance between the village wherein Avtar Singh was a<\/p>\n<p>resident and that of the said Sukhdev Singh was said to be 100 kms. He<\/p>\n<p>allegedly visited Sukhdev Singh on 18.2.2001 at about 9.00 a.m. For no<\/p>\n<p>apparent reason, he had disclosed that he along with Bhinda (Harbhinder<\/p>\n<p>Singh) had committed the murder of Pritam Singh. No details thereof had<\/p>\n<p>been furnished. A purported disclosure was also made that the murder<\/p>\n<p>was committed at the instance of the appellant herein. He was asked to<\/p>\n<p>come on the next day. He neither visited him thereafter nor was he<\/p>\n<p>produced before the police by P.W.22. There is nothing on record to<\/p>\n<p>show that such a purported extra judicial confession by Avtar Singh was<\/p>\n<p>conveyed to the police authorities; P.W. 22&#8217;s statement having been<\/p>\n<p>recorded on 19.2.2001.\n<\/p>\n<p><span class=\"hidden_text\">                                    17<\/span><\/p>\n<p>       If he was so familiar with the family of Avtar Singh, there was<\/p>\n<p>absolutely no reason whey he was not in a position to state as to what was<\/p>\n<p>the composition of his family. He admitted that he had never visited the<\/p>\n<p>village of Avtar Singh.\n<\/p>\n<\/p>\n<p>       Evidence of extra judicial confession is generally of a weak nature.<\/p>\n<p>No conviction ordinarily can be based solely thereupon unless the same is<\/p>\n<p>corroborated in material particulars.\n<\/p>\n<\/p>\n<p>11.    Extra judicial confession must be found to be reliable. P.W. 22 was<\/p>\n<p>examined by the police authorities also in some other cases. A suggestion<\/p>\n<p>was put to him that he was a police tout. His evidence, therefore, in our<\/p>\n<p>opinion, cannot be relied upon. If his evidence cannot be relied upon, the<\/p>\n<p>same could not have formed foundation of recording a judgment of<\/p>\n<p>conviction and sentence and that too in a case of conspiracy. We must<\/p>\n<p>also notice that the evidence of purported extra judicial confession by<\/p>\n<p>itself cannot be held to be sufficient for recording a judgment of<\/p>\n<p>conviction against a co-accused in terms of Section 30 of the Evidence<\/p>\n<p>Act.\n<\/p>\n<\/p>\n<p>       In Jaspal Singh alias Pali vs. State of Punjab [(1997) 1 SCC 510],<\/p>\n<p>this Court held:\n<\/p>\n<\/p>\n<blockquote><p>             &#8220;15. The third contention of Mr. Sodhi viz.,<br \/>\n             that it is highly improbable that Jaspal Singh (A-\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                  18<\/span><\/p>\n<blockquote><p>            1) would have gone to this witness alongwith his<br \/>\n            co-accused to confess the guilt, is equally<br \/>\n            formidable. Chhota Singh (PW 7) has not given<br \/>\n            any reason as to why and how Jaspal Singh (A-\n<\/p><\/blockquote>\n<blockquote><p>            1) and other co-accused have reposed such a<br \/>\n            confidence in him and confessed their guilt.<br \/>\n            After going through the evidence of Chhota<br \/>\n            Singh (PW 7), we do not find it safe to hold any<br \/>\n            of the appellants guilty in the present crime.&#8221;\n<\/p><\/blockquote>\n<p>12.   For the aforementioned reasons, the impugned judgment being<\/p>\n<p>unsustainable is set aside. The appeal is allowed. The appellant is in<\/p>\n<p>custody; he is directed to be set at liberty unless wanted in connection<\/p>\n<p>with any other case.\n<\/p>\n<\/p>\n<p>                                        &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.<br \/>\n                                         [S.B. Sinha]<\/p>\n<p>                                        &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.<br \/>\n                                        [Dr. Mukundakam Sharma]<\/p>\n<p>New Delhi;\n<\/p>\n<p>May 06, 2009<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Baldev Singh vs State Of Punjab on 6 May, 2009 Author: S Sinha Bench: S.B. Sinha, Mukundakam Sharma REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 553 OF 2008 BALDEV SINGH &#8230; APPELLANT Versus STATE OF PUNJAB &#8230; RESPONDENT JUDGMENT S.B. Sinha, J. 1. This appeal [&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-213668","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>Baldev Singh vs State Of Punjab on 6 May, 2009 - 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\/baldev-singh-vs-state-of-punjab-on-6-may-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Baldev Singh vs State Of Punjab on 6 May, 2009 - Free Judgements of Supreme Court &amp; 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