{"id":232249,"date":"1997-10-24T00:00:00","date_gmt":"1997-10-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/charan-singh-etc-lakha-singh-vs-state-of-punjab-state-of-punjab-on-24-october-1997"},"modified":"2019-01-22T18:23:52","modified_gmt":"2019-01-22T12:53:52","slug":"charan-singh-etc-lakha-singh-vs-state-of-punjab-state-of-punjab-on-24-october-1997","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/charan-singh-etc-lakha-singh-vs-state-of-punjab-state-of-punjab-on-24-october-1997","title":{"rendered":"Charan Singh Etc., Lakha Singh vs State Of Punjab, State Of Punjab on 24 October, 1997"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Charan Singh Etc., Lakha Singh vs State Of Punjab, State Of Punjab on 24 October, 1997<\/div>\n
Author: S.P.Kurdukar<\/div>\n
Bench: G.T. Nanavati, S.P. Kurdkur<\/div>\n
           PETITIONER:\nCHARAN SINGH ETC., LAKHA SINGH\n\n\tVs.\n\nRESPONDENT:\nSTATE OF PUNJAB, STATE OF PUNJAB\n\nDATE OF JUDGMENT:\t24\/10\/1997\n\nBENCH:\nG.T. NANAVATI, S.P. KURDKUR\n\n\n\n\nACT:\n\n\n\nHEADNOTE:\n\n\n\nJUDGMENT:\n<\/pre>\n
\t\t THE 24TH OF OCTOBER, 1997
\nPresent:\n<\/p>\n
\t      Honb’le mr. Justice G.T. Nanavati
\n\t      Honb’le Mr. Justice S.P.Kurdukar
\nU.R.Lalit, Sr.Adv.  AND S.K.Gambhir,  Adv. with\t him for the
\nappellants
\nP.S. Sodhi, Adv. for the Respondent
\n\t\t      J U D G M E N T
\n     The following Judgment of the court was delivered:\n<\/p>\n
\t\t\t    WITH
\n\t       CRIMINAL APPEAL NO. 62 OF 1988
\nS.P.KURDUKAR, J.\n<\/p>\n
     Both the  appellant in  these two criminal appeals were
\nput up\tfor trial  before the Sessions Court, Sangrur for an
\noffence punishable  under Section  302\/34 IPC for committing
\nthe murder  of\tKaramjeet  Singh.    The  Session  Court  on
\nconclusion of  the trial by its judgment and order dated May
\n30, 1986,  convicted Lakha  Singh (A-1)\t (appellant in\tCrl.
\nAppeal No.  62\tof  1988)  under  for  life,  but,  however,
\nacquitted Charan  Singh (A-2)  (appellant in Crl. Appeal No,
\n612 of 1988).  The State of Punjab aggrieved by the order of
\nacquittal of Charan Singh (A-2) filed criminal appeal before
\nthe High  Court of  Punjab &  Haryana at  Chandigarh.\t The
\nconvicted accused  Lakha Singh\t(A-1) also  filed the appeal
\nchallenging his\t order of conviction and sentence before the
\nsaid High  Court.   Both the appeals were heard together and
\nthe High  Court by  its judgment  and order dated August 24,
\n1987 allowed  the criminal  appeal filed  by the State and s
\naside the  order of  acquittal of  Charan  Singh  (A-2)\t and
\nconvicted him  under Section No 302\/34 IPC and sentenced him
\nto suffer  imprisonment fro life.  The appeal filed by Lakha
\nSingh (a-1)  was dismissed.  It is against this judgment and
\norder of conviction passed by the High Court, the appellants
\nhave filed  these two  separate\t criminal  appeals  to\tthis
\nCourt.\t Criminal Appeal  No. 62 of 1988 is by Special Leave
\nwhereas Criminal  Appeal No.  61  of  1988  is\ta  statutory
\nappeal.\n<\/p>\n
2.   Both these\t appeals arise\tout of\tcommon judgment and,
\ntherefore, they are being disposed by this judgment.\n<\/p>\n
3.   The prosecution case in nut shell was as under:-
\nKaramjeet Singh\t (since deceased) had advanced a loan of Rs.\n<\/p>\n
     100\/- to  Lakha Singh (A-1) but he failed to return the
\nsaid amount.  Or 14th August, 1985, Karamjeet Singh demanded
\nthe said  amount from  A-1, but\t he refused  to pay the same
\nand, therefore, Karamjeet Singh gave a slap to him.\n<\/p>\n
4.   On 15th August, 1985, Karamjeet Singh along with Balbir
\nSingh, a  member of  Panchayat and Balbir Singh @ Leela (for
\nclarity referred  to as Leela Singh) were going to the field
\nof Leela Singh by the side of drain.  When they reached near
\nthe sugar  cane field  of Dial\tSingh, A-1  and A-2 who were
\nhiding in  the sugar  cane crop\t emerged from the said field
\nand they  were carrying gandasas with them.  A-1 then gave a
\nlalkara saying\tthat they  will teach  lesson  to  Karamjeet
\nSingh for  slapping him\t on the\t previous day.\t A-1 and A-2
\nalso gave  a gandasa blow on the right shoulder of Karamjeet
\nSingh.\t After sustaining bleeding injuries, Karamjeet Singh
\nfell blow  on the  ground and  thereafter A-1  again gave  a
\nGandasa blow  near his\tright ear.  Balbir Singh  (PW 3) and
\nLeela Singh  (PW 4)  seeing the\t ghastly attack on Karamjeet
\nSingh requested\t the accused  not to  cause any\t assault  on
\nKaramjeet Singh.   They\t raised an  alarm and thereafter A-1
\nand A-2\t fled away.   Balbir  Singh (PW\t 3) then went to the
\nvillage and  informed Niranjan Singh (PW 8), a Lumberdar and
\nalso to\t the wife  of Karamjeet\t Singh.\t Balbir Singh (PW 3)
\nthen went  to the  police station  at Dhuri along with Rulda
\nSingh, the  brother of Karamjeet Singh and lodged the report
\n(Ex. PF)  at about  2.15 p.m.  on the same day.\t The copy of
\nthe First  Information Report  was forwarded and received by
\nIllaqa Magistrate, Dhuri at 2.30 p.m. ST Ajmer Singh (PW 10)
\nproceeded towards  the scene  of offence.  After holding the
\ninquest on  the dead  body of Karamjeet Singh, it was set to
\nthe Civil  Hospital, Dhuri  for post mortem examination. Dr.
\nN.C. Garg  (PW 1)  opined that\tit was due to the cumulative
\neffective of  injury Nos. 1 and 2 leading to the haemorrhage
\nand shock  which were  sufficient in  the ordinary course of
\nnature to  cause death.\t In the meantime, SI Ajmer Singh (PW\n<\/p>\n
10) completed  the necessary  investigation  and  filed\t the
\ncharge sheet  against A_!  AND A-2  for\t offence  punishable
\nunder Section 302\/34 IPC.\n<\/p>\n
5.   The appellants denied the charges levelled against them
\nand pleaded  that they\thave been  falsely implicated in the
\npresent crime.\t The prosecution witnesses were telling lies
\nagainst them being interested in the deceased.\tThey pleaded
\nthat they be acquitted.\n<\/p>\n
6.   The prosecution  examined two  eye\t witnesses,  namely,
\nBalbir Singh  (PW 3)  and Leela\t Sing (PW  4) who claimed to
\nhave seen  the entire  occurrence.  In addition thereto, the
\nprosecution placed  reliance upon  the evidence\t of Niranian
\nSingh (PW 8), a Lumberdar who prepared the complaint and the
\nevidence of  Dr. N.C.  Garg (PW\t 1) to\tprove the  cause  of
\ndeath.\tThe prosecution had also relied upon the evidence of
\npanch witnesses\t relating to  the recovery  of incriminating
\narticles and the panchanama of the scene of occurrence.\t The
\nappellants also\t examined Nachhatar  Singh (DW\t1)  and\t Lal
\nSingh (DW 2) to prove the mortgage transaction between Leela
\nSingh (PW  4) and Nachhatar Singh (DW 1). Ajmer Singh (DW 3)
\nwas the draftsman who prepared the plan (Ex. DG).  Harbhajan
\nSingh (DW  4) was working as SHO at Police Station, Dhuri at
\nthe relevant  time.  He was examined to prove the entries in
\nthe register  kept in the police station relating to the bad
\ncharacter of Karamjeet Singh.\n<\/p>\n
7.   It is  not and  cannot be disputed that Karamjeet Singh
\ndied a\thomicidal death.   Fr. N.C.Garg (PW 1) who performed
\nthe autopsy  on the  dead body\tof Karamjeet Singh noted the
\nfollowing three injuries:-\n<\/p>\n
     1. Incised\t would 18  cm x\t 2 cm  x
\n     cutting  the  underlying  bone  and
\n     brain matter  coming out  of  right
\n     temporal region  6\t cm  from  outer
\n     can-thus of  right\t eye  and  going
\n     backwards\tjust   above  the  right
\n     pinna.\n<\/p><\/blockquote>\n
     2. Incised\t wound\t10  cm\tx  2  cm
\n     cutting the  underlying none on the
\n     right cheek 7 cm from outer canthus
\n     of right  eye and cutting the pinna
\n     and mastoid bone.\n<\/p><\/blockquote>\n
     3. Incised would 3 cm x 1 cm on the
\n     back of  right shoulder  6 cm  from
\n     top of back of shoulder cutting the
\n     bone.<\/p><\/blockquote>\n
     Dr. N.C.Garg  (PW 1)  testified that all these injuries
\nwere ante  mortem and  injuries nos. 1 and 2 were sufficient
\nin the\tordinary course\t of nature to cause death.  Both the
\ncourts below  accepted the  evidence of\t Dr. N.C. Garg (PW )
\nrelating to  the injuries  as well as the cause of death and
\nwe see\tno reason  to differ  from  the\t said  finding.\t We,
\ntherefore, conclude  that Karamjeet  Singh died\t a homicidal
\ndeath.\n<\/p>\n
8.   The trial\tcourt accepted the evidence of Balbir Singh,
\n(PW 3)\tand Leela  Singh (PW  4) as trustworthy as far as it
\nrelated to  the complicity of A-1.  Injury Nos. 1 and 2 were
\nattributed  to\tA-1  and  since\t both  these  injuries\twere
\ncumulatively sufficient\t to cause  the\tdeath  of  Karamjeet
\nSingh, the  learned trial  judge convicted A-1 under Section
\n302 IPC\t simplicitor for  committing the murder of Karamjeet
\nSingh.\t The trial  court, however,  acquitted A-2  and\t the
\nreasons thereof\t are found  in paragraph  26  which  are  as
\nunder:-\n<\/p>\n
(i)  He had  no motive\tto commit  the murder  of  Karamjeet
\nSingh.\n<\/p>\n
(ii) He was  not at  all in any way aggrieved by the conduct
\nof Karamjeet Singh nor he had any association with A-1 so as
\nto joint the latter in commission of the present crime.\n<\/p>\n
(iii)\t  The witnesses\t failed\t to  disclose  how  A-1\t was
\nconnected with A-2 or both of them belonged to one party.\n<\/p>\n
(iv) The evidence  of eye witnesses as regards the injury on
\nthe shoulder  did not  find corroboration  from the  medical
\nevidence.   All the  three injuries  on Karamjeet Singh were
\npossible with one weapon.\n<\/p>\n
(v)  The gandasa which was alleged to have been recovered at
\nthe instance  of A-2 was not proved to be stained with human
\nblood.\n<\/p>\n
(vi) Niranjan Singh  (PW 8)  did not state in the complain t
\nthat A-2 was the other accused along with A-1.\n<\/p>\n
     Relying upon  these circumstances, the trial court gave
\nbenefit of doubt and acquitted A-2.\n<\/p>\n
9.   The High  Court while  upsetting the order of acquittal
\nof A-2\thad pointed  out  how  none  of\t these\tgrounds\t was
\nsustainable inasmuch as the presence and participation of A-
\n2 was  proved beyond  reasonable doubt in the present crime.
\nThe  evidence  of  Fr.\tN.C.Garg  (PW  1)  corroborated\t the
\nevidence of  these two\teye witnesses  as regards  the third
\ninjury though  there was  some minor  error  in\t respect  of
\nplacement of the same.\tThe evidence of two ye witnesses did
\nnot suffer  from any  infirmity and it proved the complicity
\nof A-2 and the common intention shared by him in the present
\ncrime along  with A-1.\t Consistent with these findings, the
\nHigh Court set aside the order of acquittal and convicted A-
\n2 under\t Section 302\/34 IPC.  As regards A-1, the High Court
\nconfirmed the order of conviction and sentence passed by the
\ntrial court.\n<\/p>\n
10.  It was contended on behalf of the appellants that Leeal
\nSingh (PW  4) had  mortgaged his  land\twith  possession  to
\nNachhatar Singh\t and if\t it was so, there was no need either
\nfor Leela  singh (PW  4) or  others to\tgo to the said land.
\nThe claim  of the  two eye  witnesses that  they were  going
\ntogether to  the mortgaged land was totally unbelievable and
\nif this be so, the presence of Balbir Singh (PW 3) and Leela
\nSingh (PW  4) at  the time  of occurrence  was totally ruled
\nout.  We do not see any substance in this contention because
\nboth the eye witnesses testified that they were going to the
\nmortgaged land\tto make\t a request  to\tNachhatar  Singh  to
\nadvance some more money.  Both the courts below accepted the
\nprosecution story  in this behalf.  We have gone through the
\nevidence of  both these\t eye witnesses and we do not see any
\nreason to upset the finding recorded by the courts below.\n<\/p>\n
11.  It was  then urged\t that both  these eye witnesses were
\nchance witnesses  and in the absence of any corroboration to
\ntheir evidence,\t it would  not be  safe to  accept the\tsaid
\nevidence as truthful.  This submission again did not impress
\nus.\n<\/p>\n
12.  It was  then contended on behalf of the appellants that
\nthe motive  sought to  be relied upon by the prosecution did
\nnot find  corroboration from  any other\t evidence on  record
\nand, therefore,\t there was  no reason  for the appellants to
\ncommit the  present crime.   We\t find no  substance in\tthis
\ncontention because  in the complaint lodged on the very same
\nday at\t2.15 p.m.  did mention\tthe fact  that A-1  raised a
\nlalkara saying “…..to teach you a lesson for slapping last
\nnight.” Both the eye witnesses in their substantive evidence
\nin court  had testified\t that Karamjeet\t Singh had told them
\nthat on\t the previous  night, he  gave a  slap to  A-1 as he
\nrefused to  return Rs. 100\/- which he had taken on loan.  It
\nis true\t that there  is omission which is brought on  record
\nin this\t regard but  the very  intripsic evidence in the FIR
\ncorroborated the  evidence of Balbir Singh (PW 3) who lodged
\nthe same.   The\t Courts below  have accepted the evidence of
\nthese two  witnesses on the question of motive and we see no
\nreason to differ from the said finding.\n<\/p>\n
13.  It was  then contended  that there was delay in lodging
\nthe first  information report  as the  same was lodged after
\nconcocting a false story against the appellants.  We are not
\nimpressed  by\tthis  submission  because  the\tincident  in
\nquestion took  place at 12.30 p.m. and the FIR was lodged at
\n2.15 p.m.  after  travelling  a\t distance  of  seven  miles.
\nHence, there  was no  delay in lodging the First Information
\nReport.\n<\/p>\n
14.  After  scrutinizing  the  evidence\t of  these  two\t eye
\nwitnesses, we are satisfied that so far as A-1 is concerned,
\nthe evidence  of the  two eye  witnesses is unblemish an can
\nsafely be  accepted as trustworthy.  Both the witnesses have
\ncategorically stated that A-1 had given two gandasa blows on
\nthe vital  part of Karamjeet Singh and in the opinion of Dr.
\nN.C.Garg (PW  1) these\ttwo injuries  were sufficient in the
\nordinary course\t of nature  to cause the death. In this view
\nof the\tmatter, we  are of  the\t considered  view  that\t the
\nconviction of  A-1 under  Section 302 IPC is perfectly legal
\nand needs to be upheld and accordingly we do so.\n<\/p>\n
15.  It is  not disputed  that A-2 was convicted by the High
\nCourt with  the aid  of Section\t 34 IPC\t for the substantive
\noffence of  murder of  Karamjeet Singh.\t   The\tevidence  on
\nrecord unmistakably proves that A-2 had given a gandasa blow
\non the back side just below the shoulder of Karamjeet Singh.
\nThat injury  was not  proved to\t be fatal  one. Relying upon
\nthese two  circumstances, it was urged on behalf of A-2 that
\nhe could  not be  convicted under Section 302\/34 IPC. It was
\nfurther contended  that A-2  had no  motive and no reason to
\ncause gandasa blow on Karamjeet Singh.\tNo blood stains were
\nfound  on  the\tgandasa\t which\twas  alleged  to  have\tbeen
\nrecovered at  the instance of A-2.  The name of A-2 was also
\nnot mentioned in the complaint and all that was stated a was
\nthat A-1  and other  person had\t assaulted Karamjeet  Singh.
\nThe trial  court was right in giving the benefit of doubt to
\nA-2.   The High\t Court,\t it  was  contended,  was  wrong  in
\nattributing common  intention to  A-2 to  commit  murder  of
\nKaramjeet Singh and, therefore, committed a serious error in
\napplying  Section   34\tIPC   and  reversing  the  order  of
\nacquittal.   The view  taken by\t the trial court was equally
\nprobable one  and, therefore,  the High\t Court\twas  equally
\nprobable  one  and,  therefore,\t the  High  Court  erred  in
\nconvicting A-2\tunder Section 302\/34 IPC. In support of this
\nsubmission, Mr. U.R.Lalit learned counsel drew our attention
\nto the\tdecisions of  this Court  in Kripal  and others\t Vs.
\nState of  Uttar Pradesh\t AIR 1954  SC 706.  Ram\t Rattan\t and
\nothers Vs.  State of  Uttar Pradesh  AIR 1977  SC 619, Bhaba
\nNanda Sarma  and others\t Vs. The  State of Assam AIR 1977 SC
\n2252 and  Shivalinoappa Kallayanappa and others Vs. State of
\nKarnataka AIR  1995 SC 254.  He also drew our attention to a
\ndecision of the Privy Council in Mehbub Shah Vs. emperor AIR
\n(32) 1945  PC 118.   All  these decisions, of not lay down a
\nformula in  a  right  jacket  as  regards  applicability  of
\nsection 34  IPC. The  application of  Section 34 IPC depends
\nupon the  facts and  circumstances of  each case.  The facts
\nand circumstances  of the  present case which were proved by
\nthe prosecution\t are that both the appellants were hiding in
\nthe sugar  cane field  of Dial Singh and as soon as they saw
\nKaramjeet Singh with gandasas in their hands.  A-1 then gave
\na lalkara saying that “they will teach a lesson to Karamjeet
\nSingh for  slapping him.” Immediately thereafter, A-1 gave a
\ngandasa blow  from sharp  side on the right side of the head
\nof Karamjeet Singh.  A-w then assaulted karamjeet Singh with
\nhis gandasa  on the back side near the shoulder of Karmajeet
\nSingh and  when he  fell down, A-1 gave another gandasa blow
\nnear his  right ear.   These circumstances therefore, in our
\nconsidered view unmistakably indicated that both the accused
\nhad a  common intention to teach a lesson to Karamjeet Singh
\nwho had\t slapped A-1  on the  previous\tnight.’\t From  these
\nproved facts, the only inference that must follow is that A-
\n2 also\tshared a  common intention  to\tteach  a  lesson  to
\nKaramjeet Singh\t and in pursuance thereof assaulted him with
\na gandasa.  A strong reliance was placed on the fact that no
\nblood stained  was found  on the  gandasa recovered  at\t the
\ninstance of  A-2 but  there is\tpositive  evidence  on\tthat
\nrecord that  the gandasa  was washed before the recovery was
\neffected.   If this  be so,  in our  considered view A-2 was
\nrightly convicted under Section 302\/34 IPC.\n<\/p>\n
16.  for the  reasons recorded\therein\tabove,\twe  find  no
\nsubstance in  these appeals  and the  same  are\t accordingly
\ndismissed.   The appellants  who are on bail shall surrender
\nto their  bailbonds to serve out the remaining part of their
\nsentences.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Charan Singh Etc., Lakha Singh vs State Of Punjab, State Of Punjab on 24 October, 1997 Author: S.P.Kurdukar Bench: G.T. Nanavati, S.P. Kurdkur PETITIONER: CHARAN SINGH ETC., LAKHA SINGH Vs. RESPONDENT: STATE OF PUNJAB, STATE OF PUNJAB DATE OF JUDGMENT: 24\/10\/1997 BENCH: G.T. NANAVATI, S.P. KURDKUR ACT: HEADNOTE: JUDGMENT: THE 24TH […]<\/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-232249","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nCharan Singh Etc., Lakha Singh vs State Of Punjab, State Of Punjab on 24 October, 1997 - 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\/charan-singh-etc-lakha-singh-vs-state-of-punjab-state-of-punjab-on-24-october-1997\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Charan Singh Etc., Lakha Singh vs State Of Punjab, State Of Punjab on 24 October, 1997 - 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