{"id":219530,"date":"2009-01-27T00:00:00","date_gmt":"2009-01-26T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jarnail-singh-and-another-vs-state-of-punjab-on-27-january-2009"},"modified":"2015-04-22T10:43:12","modified_gmt":"2015-04-22T05:13:12","slug":"jarnail-singh-and-another-vs-state-of-punjab-on-27-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jarnail-singh-and-another-vs-state-of-punjab-on-27-january-2009","title":{"rendered":"Jarnail Singh And Another vs State Of Punjab on 27 January, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Jarnail Singh And Another vs State Of Punjab on 27 January, 2009<\/div>\n
Crl. Appeal No.771-DB of 2005                             1\n\n\nIN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH\n\n                            Crl. Appeal No.771-DB of 2005\n                            Date of decision : January 27, 2009\n\n                            *****\n\nJarnail Singh and another\n                                              ............Appellants\n\n\nVersus\n\n\n\nState of Punjab\n                                               ...........Respondent\n\n\n                    *****\nCORAM: HON'BLE MR. JUSTICE JASBIR SINGH\n       HON'BLE MR. JUSTICE JORA SINGH\n\n                            *****\n\nPresent:   Mr. Gurcharan Dass, Advocate\n           with Mr. D.S Pheruman, Advocate for\n           the appellant Jarnail Singh.\n\n           Mr. Deepak Nayar, Advocate for the appellant\n           Sarbjot Singh.\n\n           Ms. Manjari Nehru Kaul, Deputy Advocate\n           General, Punjab.\n\n                            *****\nJORA SINGH, J.\n<\/pre>\n
           Jarnail Singh, Sarpanch son of Fauja Singh and Sarbjot<\/p>\n
Singh alias Sonu son of Joginder Singh by filing this appeal have<\/p>\n
impugned the judgment\/order dated 11.8.2005 in Sessions Case<\/p>\n
No.63\/2004\/FTC FIR No. 17 dated 15.1.2004 registered              under<\/p>\n
Sections 302\/34 IPC at Police Station Civil Lines, Amritsar passed by<\/p>\n
Additional District and Sessions Judge, Amritsar, whereby, they were
\n Crl. Appeal No.771-DB of 2005                               2<\/span><\/p>\n
convicted under Section 302 IPC and were sentenced to undergo life<\/p>\n
imprisonment and to pay a fine of Rs.2000\/- in default of payment of<\/p>\n
fine, to further undergo RI for two months.\n<\/p>\n
           Prosecution story, in brief, is that Sakal Dev, complainant<\/p>\n
along with his brother, Kapil Dev and Raju was residing in the rented<\/p>\n
room of Jarnail Singh for the last 1\u00bd         years.   Nand Kishore and<\/p>\n
Maheshwar Kumar were the cousins of the complainant and they<\/p>\n
were also residing near the house of the complainant. They were<\/p>\n
celebrating Lohri festival. Complainant, his brothers Kapil Dev and<\/p>\n
Raju and cousin brothers, Nand Kishore and Maheshwar Kumar<\/p>\n
were going to have their dinner. At 9:30 P.M, complainant sent Kapil<\/p>\n
Dev to fetch water from the hand pump installed near the outer gate.<\/p>\n
There is a STD\/PCO shop of Sarabjot Singh near the gate. Sarabjot<\/p>\n
Singh demanded tobacco from Kapil Dev. Kapil Dev replied that he<\/p>\n
does not take tobacco. Sarabjot Singh started abusing Kapil Dev.<\/p>\n
On hearing raula, they all had gone to the spot and the dispute was<\/p>\n
settled. After closing the door from inside, the complainant-party<\/p>\n
started having their dinner.    Jarnail Singh, Sarpanch, Sukha and<\/p>\n
Mithu were taking liquor.      They had requested to open the door.<\/p>\n
Sarabjot Singh was accompanying them. Out of fear, door was not<\/p>\n
opened. Then accused gave push to the door and door was opened.<\/p>\n
Accused started giving beatings to them and out of fear they<\/p>\n
remained standing by the side of the wall. Accused caught hold of<\/p>\n
Kapil Dev and started giving beatings to him. Kapil Dev was thrown<\/p>\n
on the ground. Accused started jumping over Kapil Dev. Kapil Dev<\/p>\n
had died on the spot. Accused had fled away from the spot. Matter
\n Crl. Appeal No.771-DB of 2005                             3<\/span><\/p>\n
was brought to the notice of Garib Dass, SI, SHO, Police Station Civil<\/p>\n
Lines, Amritsar while present near Rattan Singh Chowk. Statement<\/p>\n
of Sakal Dev was recorded. After making endorsement, statement<\/p>\n
was sent tot he police station on the basis of which formal FIR was<\/p>\n
recorded. Special report was sent to the Illaqa Magistrate.<\/p>\n
            Garib Dass, Investigating Officer along with party had<\/p>\n
gone to the spot, where dead body was lying. Inquest report was<\/p>\n
prepared.      Dead body was sent to hospital for post mortem<\/p>\n
examination.     Rough site plan with correct marginal notes was<\/p>\n
prepared. Statements of the witnesses were recorded. After post<\/p>\n
mortem examination, dead body was handed over to the relations of<\/p>\n
the deceased.     Clothes worn by the deceased were produced by<\/p>\n
Major Singh. They were put into a parcel and sealed. Sealed parcel<\/p>\n
was taken into police possession vide separate memo attested by<\/p>\n
the witnesses. Accused were arrested on 18.1.2004.<\/p>\n
            After the completion of investigation, challan was<\/p>\n
presented against Jarnail Singh and Sarbjot Singh and Mithu (PO).<\/p>\n
            Case was committed to the Court of Session for trial.<\/p>\n
            After hearing learned Public Prosecutor for the State,<\/p>\n
defence counsel for the accused and from the perusal of the<\/p>\n
evidence on file, learned trial Court opined that a prima facie case is<\/p>\n
made out to frame charge against both the accused under Sections<\/p>\n
302 IPC. Charge was accordingly framed to which the accused did<\/p>\n
not plead guilty and claimed trial<\/p>\n
            In order to substantiate the charge, prosecution examined<\/p>\n
as many as six witnesses.\n<\/p>\n
 Crl. Appeal No.771-DB of 2005                                  4<\/span><\/p>\n
           PW-1, Dr. Gurmanjit Rai had conducted post mortem<\/p>\n
examination on the dead body of Kapil Dev and found the following<\/p>\n
injuries on his person:\n<\/p>\n
                          1. A reddish brown abraded bruise present on<\/p>\n
                            right side of upper lip and micoza of upper<\/p>\n
                            lip on its inner aspect.\n<\/p><\/blockquote>\n
                          2. Reddish blue bruise was present on inner<\/p>\n
                            aspect of lower lip.\n<\/p><\/blockquote>\n
                          3. A reddish brown abrasion was present of<\/p>\n
                            knuckle of right middle finger.<\/p>\n<\/blockquote>\n
                          4. Reddish brown abrasion 0.3 x 0.3 cm<\/p>\n
                            present on apigastric region of abdomen,<\/p>\n
                            bruising of internal aspect of anterior<\/p>\n
                            abdominal wall present, left lop of liver was<\/p>\n
                            found lacerted. Peritonial cavity contained<\/p>\n
                            about 1750 cc of fluid blood.<\/p>\n<\/blockquote>\n
                          5. Reddish brown abrasion 2 x 1 cm present<\/p>\n
                            on front of left thigh on its middle 1\/3rd.<\/p>\n<\/blockquote>\n
                          6. Reddish brown abrasion 3 x 2.5 cm on<\/p>\n
                            inner aspect of left forearm 3 cm below<\/p>\n
                            elbow tip.\n<\/p><\/blockquote>\n
                          7. 1 x 0.5 reddish brown abrasion present on<\/p>\n
                            inner aspect of left forearm 2 cm below and<\/p>\n
                            medial tip of elbow tip.\n<\/p><\/blockquote>\n
                          8. On dissection of skull 7 x 6 cm extracranial<\/p>\n
                            hamotoma present under scalp in the
\n Crl. Appeal No.771-DB of 2005                             5<\/span><\/p>\n
                          region of occipital region of back of head.<\/p>\n
                          On removing skull cap brown was found<\/p>\n
                          oedematus and membrane was found<\/p>\n
                          tense.\n<\/p><\/blockquote>\n
               Death was due to shock and haemorrhage.         Injuries<\/p>\n
               were ante mortem in nature and sufficient to cause<\/p>\n
               death in the ordinary course of nature.<\/p><\/blockquote>\n
             PW-2, Sakal Dev, complainant supported the prosecution<\/p>\n
story by saying that accused had caused injuries to the complainant-<\/p>\n
party. Kapil Dev was caught hold by the accused and was given<\/p>\n
injuries. Kapil Dev was thrown on the ground and then the accused<\/p>\n
had started jumping over his body.\n<\/p>\n
             PW-3, Raju and PW-6, Maheshwar Kumar are the eye<\/p>\n
witnesses.     They have supported the version of Sakal Dev,<\/p>\n
complainant by saying that Kapil Dev was murdered by the accused.<\/p>\n
             PW-4, Head Constable, Major Singh was deputed for<\/p>\n
getting the post mortem examination conducted on the dead body of<\/p>\n
Kapil Dev.\n<\/p>\n
             PW-5, Kuldip Singh, Head Constable had delivered<\/p>\n
specail Report tot he Illaqa Magistrate.\n<\/p>\n
             PW-7, Garib Dass is the Investigating Officer. He had<\/p>\n
recorded statement of the complainant and had completed the<\/p>\n
remaining formalities.\n<\/p>\n
             After the close of prosecution evidence, statements of the<\/p>\n
accused were recorded under Section 313 Cr.P.C. Accused denied<\/p>\n
all the allegations of the prosecution and pleaded to be innocent.
\n Crl. Appeal No.771-DB of 2005                            6<\/span><\/p>\n
           In defence, Harmanbir Singh, DW-1 and Raj Kumar, DW-<\/p>\n
2 appeared.\n<\/p>\n
           After hearing learned Public Prosecutor for the State,<\/p>\n
defence counsel for the accused and from the perusal of the<\/p>\n
evidence on file, learned Additional District and Sessions Judge,<\/p>\n
Amrtisar had convicted the accused under Sections 302 IPC and<\/p>\n
they were sentenced to undergo imprisonment as stated above.<\/p>\n
           Defence counsel argued that according to the prosecution<\/p>\n
story, occurrence had taken place at about 9:30 P.M on 14.1.2004.<\/p>\n
At about 12:10 A.M, report was lodged with the police. Police came<\/p>\n
to the spot. Inquest report was prepared on the intervening night of<\/p>\n
14\/15.1.2004. At about 12:15 A.M., body was sent to hospital and<\/p>\n
the same was received in the hospital at 12:30 A.M on 15.1.2004.<\/p>\n
But evidence is contrary to the prosecution story.       Investigating<\/p>\n
Officer stated that on 15.1.2004 at 12:30 P.M, during day time,<\/p>\n
statement of the complainant was recorded.       After preparing the<\/p>\n
inquest report, body was sent to hospital for post mortem<\/p>\n
examination. Witnesses can be expected to tell lie but documents<\/p>\n
cannot. Documentary evidence is to be given preference over the<\/p>\n
oral evidence. Complainant-party was five in number, whereas the<\/p>\n
accused were four in number.         As per one witness, namely,<\/p>\n
Maheshwar Kumar, Jarnail Singh sat on the neck of Kapil Dev<\/p>\n
whereas, Sarabjot Singh started jumping on the chest of Kapil Dev<\/p>\n
when brought outside in the veranda. Maheshwar Kumar and Raju<\/p>\n
did not state a word that accused had also given injuries to the other<\/p>\n
members of the complainant-party. Whereas Sakal Dev stated that
\n Crl. Appeal No.771-DB of 2005                           7<\/span><\/p>\n
they were also given beatings but there is no MLR on the file.<\/p>\n
Witnesses are very much clear that during night time police party<\/p>\n
came to the spot. Either the witnesses are not telling the truth or<\/p>\n
documents are forged. There is no rent note on the record that the<\/p>\n
complainant-party was staying on rent.       Complainant-party was<\/p>\n
tenant of Jarnail Singh. There was no dispute qua payment of rent.<\/p>\n
When there was no motive to commit the crime then story is doubtful.<\/p>\n
If appellants-accused had the intention to commit the crime then they<\/p>\n
could easily bring weapons to cause injuries. There was no idea to<\/p>\n
jump over the chest of Kapil Dev. Delay in lodging the FIR is also<\/p>\n
fatal.\n<\/p>\n
           Learned counsel for the State argued that no doubt there<\/p>\n
was delay in lodging the FIR but appellants-accused had no enmity<\/p>\n
with the complainant-party. Therefore, there was no idea to implicate<\/p>\n
the appellants-accused by leaving the real culprits. Case of the<\/p>\n
complainant is that they were occupying the room on rent owned by<\/p>\n
Jarnail Singh.   Appellants-accused had the motive to commit the<\/p>\n
crime so that complainant-party is forced to vacate the room.<\/p>\n
Nothing to disbelieve PWs.\n<\/p>\n
           First submission of the defence counsel was that there is<\/p>\n
delay in lodging the FIR. Delay was not fully explained. We agree<\/p>\n
with this submission of learned defence counsel. Occurrence had<\/p>\n
taken place on 14.1.2004 at 9:30 P.M during night time.       As per<\/p>\n
prosecution, report was lodged on 15.1.2004 at about 12:10 P.M.<\/p>\n
Place of occurrence was at a distance of 1\u00bd Kilometers from the<\/p>\n
police station. No explanation as to why there was so much delay in
\n Crl. Appeal No.771-DB of 2005                              8<\/span><\/p>\n
lodging the FIR. Five persons were from the complainant side but<\/p>\n
injuries were caused to only Kapil Dev.           Complainant, Raju,<\/p>\n
Maheshwar Kumar and Nand Kishore had witnessed the occurrence.<\/p>\n
Death was on the spot.      Then anyone could easily approach the<\/p>\n
police station at arout 9:30 P.M, particularly, when the locality was<\/p>\n
within the residential area of Amritsar. No case of the prosecution<\/p>\n
that place of occurrence was at a distance of 40\/50 kilometers in the<\/p>\n
village and there was no bus service or vehicle to approach the<\/p>\n
police station during night time or that the eye witnesses were also<\/p>\n
injured and their condition was serious.      Distance of about 1 \u00bd<\/p>\n
kilometers at 9:30 P.M could easily be covered within one hour on<\/p>\n
foot. Accused were not armed. Accused simply jumped over the<\/p>\n
body of Kapil Dev by throwing him on the ground. Therefore, the<\/p>\n
complainant-party cannot argued that out of fear during night time<\/p>\n
they were not in a position to approach the police station. Delay of<\/p>\n
about 15 hours was not explained. But delay itself is not sufficient for<\/p>\n
the acquittal of the accused.\n<\/p>\n
           Next submission of the defence counsel was that there<\/p>\n
are two versions. First version is whether report was lodged during<\/p>\n
night time or report was lodged during day time.         As discussed<\/p>\n
earlier, occurrence was at about 9:30 P.M on the night of 14.1.2004.<\/p>\n
Distance of the place of occurrence from the police station was only<\/p>\n
1 \u00bd kilometers. Complainant stated that police remained at the spot<\/p>\n
up to morning. Signatures of his brother was taken at 2:00 A.M that<\/p>\n
means during night time police came to spot. Raju, PW-3 stated that<\/p>\n
police came at 10:00 P.M but his statement was not recorded by the
\n Crl. Appeal No.771-DB of 2005                             9<\/span><\/p>\n
police. Maheshwar Kumar PW-6 stated that police had met them at<\/p>\n
about 12:00 during night time. Up to 12:30 A.M police came to the<\/p>\n
spot.   At 7:00\/8:00 A.M body was removed to hospital but Garib<\/p>\n
Dass, IO stated that on 15.1.2004 at 10:00 P.M, complainant had<\/p>\n
met him. Statement of the complainant was got recorded at 12:00<\/p>\n
noon. Party was on the spot at 12:15 A.M. Lastly stated that dead<\/p>\n
body was sent at 5:00 A.M. Party stayed at the spot up to 5:00 A.M.<\/p>\n
To clarify the dispute as to whether statement of the complainant was<\/p>\n
recorded during night time at 12:10 A.M i.e on the intervening night of<\/p>\n
14\/15.1.20004 or the statement was recorded at 12:10 P.M during<\/p>\n
day time on 15.1.2004. Original daily diary register and FIR register<\/p>\n
was summoned from the concerned police station, Civil Lines,<\/p>\n
Amritsar. Tarsem Lal, SHO of Police station, Civil Lines, Amritsar<\/p>\n
had brought original roznamcha and FIR register. He had produced<\/p>\n
the attested copies of Rapat No. 16, 19, 10 and 44 dated 15.1.2004.<\/p>\n
As per entry no.10 of the roznamcha, Garib Dass, IO had left the<\/p>\n
police station at 12:25 A.M on 15.1.2004 for patrol duty and to<\/p>\n
apprehend anti-social elements. Vide rapat no. 16 dated 15.1.2004,<\/p>\n
IO had recorded the statement of complainant at 12:30 P.M i.e during<\/p>\n
day time.    As per rapat no.19 dated 15.1.2004 on receipt of<\/p>\n
statement in the police station FIR was recorded at 1:40 P.M. After<\/p>\n
investigation, IO with the party came back to the police station and<\/p>\n
entry was made at serial no.44 at about 11:00 P.M during night time<\/p>\n
on 15.1.2004. After reaching the place of occurrence, inquest report<\/p>\n
was prepared at 12:10 A.M on 15.1.2004 i.e during night time. Post<\/p>\n
mortem report shows that dead body was brought to hospital at
\n Crl. Appeal No.771-DB of 2005                           10<\/span><\/p>\n
12:30 P.M on 15.1.2004. Papers were received at about 2:00 P.M.<\/p>\n
In case IO with the party had left the police station at 10:25 A.M on<\/p>\n
15.1.2004 then question is how the inquest report was prepared<\/p>\n
during night time at 12:10 A.M on the intervening night of<\/p>\n
14\/15.1.2004. As per evidence, the police party had reached the<\/p>\n
place of occurrence at 10:00 P.M and signature of the brother of the<\/p>\n
complainant were obtained at 2:00 A.M and police party remained on<\/p>\n
the spot up to 12:15 A.M when the body was sent to hospital at 5:00<\/p>\n
A.M. That means the prosecution is not clear whether during night<\/p>\n
time investigation was completed or during day time on 15.1.2004.<\/p>\n
According to the inquest report and evidence on the file, occurrence<\/p>\n
took place at 9:30 P.M on 14.1.2004, police party was informed and<\/p>\n
came to spot at 10:00 P.M. Inquest report was prepared at 12:10<\/p>\n
A.M. Statement of the complainant was also recorded during night<\/p>\n
time. Dead body was sent to hospital at 5:00 A.M. When there are<\/p>\n
two versions, then version favourable to the accused is to be<\/p>\n
accepted. Prosecution is not in a position to explain how the inquest<\/p>\n
report was prepared during night time at 12:10 A.M when IO had left<\/p>\n
the police station at 10:25 A.M.\n<\/p>\n
           Next submission of the defence counsel was that<\/p>\n
according to the complainant, accused had also given injuries to<\/p>\n
other members of the complainant-party. Complainant specifically<\/p>\n
stated that other members of the complainant-party were also given<\/p>\n
beatings but there is no MLR on the file. Other PWs have not stated<\/p>\n
a word that accused had also given beatings to the other members of<\/p>\n
the complainant-party.     Presence of complainant and the eye
\n Crl. Appeal No.771-DB of 2005                            11<\/span><\/p>\n
witnesses is not natural. Submission of the defence counsel seems<\/p>\n
to be correct one.   As per FIR, accused party was taking liquor.<\/p>\n
Sarabjot Singh had demanded tobacco from Kapil Dev. When Kapil<\/p>\n
Dev failed to oblige Sarabjot Singh, he became annoyed.<\/p>\n
Complainant-party was going to have dinner. Door was closed.<\/p>\n
Accused party had opened the door by giving a push and gave<\/p>\n
beatings. Kapil Dev was caught hold and was given beatings. He<\/p>\n
was thrown on the ground then accused party had started jumping<\/p>\n
over the body of Kapil Dev.      But there is no MLR either of the<\/p>\n
complainant or any other eye witness. Complainant is definite that<\/p>\n
he was also given beatings. But Raju and Maheshwar Kumar stated<\/p>\n
that accused did not give beatings to anyone else. Complainant-<\/p>\n
party was five in number whereas the accused were four in number.<\/p>\n
Statement of Raju was recorded by the police. Raju did not state a<\/p>\n
word that accused had also given injuries to him. Maheshwar Kumar<\/p>\n
stated that Jarnail Singh had sat on the neck of Kapil Dev then<\/p>\n
Sarabjot Singh started jumping over the chest of Kapil Dev.       But<\/p>\n
statements of the PWs are contrary to the FIR and medical evidence.<\/p>\n
Only one injury was noted on the abdomen. Complainant-party was<\/p>\n
occupying the room on rent owned by Jarnail Singh. There is no<\/p>\n
receipt regarding payment of rent. Sarabjot Singh had demanded<\/p>\n
only tobacco from the deceased.          Sarabjot Singh had some<\/p>\n
altercation with Kapil Dev   But with the intervention of complainant,<\/p>\n
his brothers and cousins, dispute was settled. Kapil Dev came inside<\/p>\n
the room.    After that if appellants-accused had the intention to<\/p>\n
commit the crime, they could easily bring some weapons.
\n Crl. Appeal No.771-DB of 2005                             12<\/span><\/p>\n
Appellants-accused were not armed with any weapon.             It is very<\/p>\n
strange that one accused namely, Jarnail Singh sat on the neck of<\/p>\n
Kapil Dev and another accused started jumping over his body,<\/p>\n
particularly, when four brothers of Kapil Dev were very much present<\/p>\n
there. Complainant-party could easily intervene to save Kapil Dev.<\/p>\n
Particularly, when accused were not armed with deadly weapons.<\/p>\n
The story of causing injuries to the deceased seems to be not natural<\/p>\n
one. All these facts pointed out by the defence counsel were not<\/p>\n
taken into consideration by the trial Court.\n<\/p>\n
            No other submission was put forward.            Impugned<\/p>\n
judgment\/order of the trial Court suffers from infirmity and illegality<\/p>\n
and the same is set aside.         Benefit of doubt is given to the<\/p>\n
appellants-accused and they are acquitted of the charge levelled<\/p>\n
against them.\n<\/p>\n
            Appeal is accepted.\n<\/p>\n<\/p>\n
                       ( JASBIR SINGH )           ( JORA SINGH )\n                            JUDGE                     JUDGE\n\n\nJanuary 27, 2009\nritu\n Crl. Appeal No.771-DB of 2005   13<\/span>\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Jarnail Singh And Another vs State Of Punjab on 27 January, 2009 Crl. Appeal No.771-DB of 2005 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Appeal No.771-DB of 2005 Date of decision : January 27, 2009 ***** Jarnail Singh and another …………Appellants Versus State of Punjab ………..Respondent ***** […]<\/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-219530","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nJarnail Singh And Another vs State Of Punjab on 27 January, 2009 - 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\/jarnail-singh-and-another-vs-state-of-punjab-on-27-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jarnail Singh And Another vs State Of Punjab on 27 January, 2009 - 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