{"id":246321,"date":"2008-12-12T00:00:00","date_gmt":"2008-12-11T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mohinder-singh-vs-state-of-haryana-on-12-december-2008-2"},"modified":"2015-11-18T10:42:24","modified_gmt":"2015-11-18T05:12:24","slug":"mohinder-singh-vs-state-of-haryana-on-12-december-2008-2","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mohinder-singh-vs-state-of-haryana-on-12-december-2008-2","title":{"rendered":"Mohinder Singh vs State Of Haryana on 12 December, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Mohinder Singh vs State Of Haryana on 12 December, 2008<\/div>\n
Crl. Appeal No. 453 DB of 1998                                  1\n\n      IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                     CHANDIGARH\n\n\n\n(1)                    Crl. Appeal No. 453 DB of 1998\n                       Date of decision: December 12, 2008\n\n\nMohinder Singh                                  ...Appellant\n                       Versus\n\nState of Haryana                                ...Respondent\n\n\n\n\n(2)                    Crl. Appeal No. 504 DB of 1998\n\n\nBalkar Singh and another                        ...Appellants\n                        Versus\n\nState of Haryana                                ...Respondent\n\n\n\n\nCORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL\n        HON'BLE MR. JUSTICE JITENDRA CHAUHAN\n\n\n\n\nPresent:   Mr. Vinod Ghai, Advocate, for the appellant\n           in Crl. Appeal No. 453 DB of 1998.\n\n\n           Mr. R.S. Cheema, Senior Advocate with\n           Mr. Jasdev Singh Mehendiratta, Advocate,\n           for the appellants in Crl. Appeal 504 DB of 1998.\n\n\n           Mr. S.S. Randhawa, Additional Advocate General, Haryana.\n\n\nK.S.GAREWAL, J.\n<\/pre>\n
           Bhagwan Dass (24) and Ram Pal (22) were fatally stabbed on
\n Crl. Appeal No. 453 DB of 1998                                      2<\/span><\/p>\n
June 25, 1994 at 7.30 p.m. near a tea stall located at the Mundri Bus Stand<\/p>\n
on the main Kaithal-Karnal road. Mohinder Singh (appellant in Crl. Appeal<\/p>\n
453 DB of 1998), Balkar Singh and Jai Parkash (appellants in Crl. Appeal<\/p>\n
504 DB of 1998) alongwith Ujjwal Singh, Raj Kumar and Om Parkash were<\/p>\n
named as assailants and tried for the double murder. Ujjwal Singh and Ram<\/p>\n
Kumar were acquitted by the learned trial Judge while Balkar Singh, Jai<\/p>\n
Parkash and Mohinder Singh were convicted on September 22, 1998 by the<\/p>\n
learned Additional Sessions Judge, Kaithal,     and sentenced to rigorous<\/p>\n
imprisonment for life.\n<\/p>\n
            The accused and the deceased were friends. They used to hang<\/p>\n
around together like a youthful gang.      About 5-6 months before the<\/p>\n
occurrence, Balkar Singh, Jai Parkash (accused appellants) alongwith<\/p>\n
Bhagwan Dass and Ram Pal (deceased) had been sent up for trial for<\/p>\n
beating up a bus driver. On the evening of the occurrence, the accused and<\/p>\n
the deceased were all standing around and talking to each other near Puran’s<\/p>\n
Tea Shop at the Pundri Bus Stand. The deceased told Balkar Singh and Jai<\/p>\n
Parkash that they would not have anything to do with them as their company<\/p>\n
had brought a bad name to their families. Balkar Singh and Jai Parkash felt<\/p>\n
hurt and started abusing the deceased. On hearing the commotion, Hari<\/p>\n
Ram (PW-11) and others pacified them but Balkar Singh and Jai Parkash<\/p>\n
raised a lalkara that they would teach a lesson to the deceased for leaving<\/p>\n
their company.\n<\/p>\n
            According to the eye witness account of Hari Ram (PW-11),<\/p>\n
whose statement was the basis of the case,      Om Parkash grappled with<\/p>\n
Bhagwan Dass while Balkar Singh stabbed him with a knife on the chest.
\n Crl. Appeal No. 453 DB of 1998                                     3<\/span><\/p>\n
When an alarm was raised, Om Parkash hit Bhagwan Dass on the head with<\/p>\n
a khurchana (a cooking implement usually found with sweet meal sellers).<\/p>\n
Ram Pal got frightened and started running. He was caught by Mohinder<\/p>\n
Singh and stabbed in the chest by Jai Parkash. Ram Pal ran for some<\/p>\n
distance and fell down injured. Bhagwan Dass also ran a short distance<\/p>\n
before he fell down and died soon thereafter.          Later Ram Pal also<\/p>\n
succumbed to his injuries.\n<\/p>\n
            The matter was reported to the police by Hari Ram (PW-11),<\/p>\n
uncle of Bhagwan Dass, whose statement was recorded at 10.15 p.m. near<\/p>\n
Pharal Chowk, Pundri, by SI\/SHO Balbir Singh. FIR was registered under<\/p>\n
Sections 302\/148\/149 IPC at Police Station Pundri at 10.30 p.m.    Special<\/p>\n
report of the case was delivered to Area Magistrate, Kaithal, at 2 a.m., at<\/p>\n
distance of 18 kms., early on the following morning.<\/p>\n
            The Investigating Officer carried out the inquest proceedings<\/p>\n
and sent the dead bodies for the post-mortem which were conducted by a<\/p>\n
Medical Board consisting of Dr. S.K. Jain (PW-3) and Dr. S.K. Singhal at<\/p>\n
Civil Hospital, Kaithal on June 26, 1994.\n<\/p>\n
            Bhagwan Dasss’s autopsy was conducted at 8.40 a.m. and he<\/p>\n
was found to have two incised wounds on the chest, a lacerated wound on<\/p>\n
right little finger and a lacerated wound on the scalp. One of the incised<\/p>\n
wounds had extended into the cavity of the left ventrical and was the cause<\/p>\n
of death due to injury to the heart. In the opinion of the Medical Officer,<\/p>\n
death had occurred within a few minutes of the incident.<\/p>\n
            The post-mortem of Ram Pal was conducted at 9 a.m. Ram Pal<\/p>\n
also had received two incised wounds on the chest, a lacerated wound on
\n Crl. Appeal No. 453 DB of 1998                                        4<\/span><\/p>\n
the scalp and a bruise on the right shoulder. Both incised wounds had<\/p>\n
injured the lungs and were sufficient to cause death in the ordinary course of<\/p>\n
nature. However, the time that elapsed between the injury and death was a<\/p>\n
few hours.\n<\/p>\n
             The police arrested Mohinder Singh, Balkar Singh, Jai Parkash,<\/p>\n
Ujjwal Singh, Ram Kumar and Om Parkash and sent them up for trial.<\/p>\n
Charges were framed against all the accused under Section 148 (against all<\/p>\n
the accused), under Section 302\/149 (against all the accused), under Section<\/p>\n
302\/34 (against Om Parkash and Balkar Singh) for the murder of Bhagwan<\/p>\n
Dass and under Section 302\/34 (against Mohinder Singh and Jai Parkash)<\/p>\n
for the murder of Ram Pal.\n<\/p>\n
             The main witnesses examined by the prosecution were Dr. S.K.<\/p>\n
Jain (PW-3), Balwant (PW-9), Anant Ram (PW-10), Hari Ram (PW-11)<\/p>\n
and Inspector Balbir Singh (PW-13).\n<\/p>\n
             A perusal of the interim orders recorded by the learned<\/p>\n
Additional Sessions Judge reveals that accused Om Parkash was released on<\/p>\n
interim bail from December 20 to 31, 1996 but he failed to surrender before<\/p>\n
the Court after the period had expired. This was discovered on January 3,<\/p>\n
1997. Till this time all the witnesses barring SI Balbir Singh (PW-13) had<\/p>\n
been examined.     Finally on June 4, 1997 Om Parkash was a declared<\/p>\n
proclaimed offender and the trial continued.\n<\/p>\n
             After conclusion of the prosecution witnesses, the accused were<\/p>\n
examined without oath under Section 313 Cr.P.C. They denied all the items<\/p>\n
of the prosecution which had appeared against them.            They pleaded<\/p>\n
innocence and false implication.\n<\/p>\n
 Crl. Appeal No. 453 DB of 1998                                       5<\/span><\/p>\n
            The learned trial Judge found only Mohinder Singh, Balkar<\/p>\n
Singh and Jai Parkash guilty of the double murder. Ujjawal Singh and Ram<\/p>\n
Kumar were acquitted.\n<\/p>\n
            According to the learned Senior Counsel for the appellants, the<\/p>\n
three eye witnesses were all relatives of the deceased. Balwant Singh (PW-<\/p>\n
9) was Ram Pal’s uncle, Anant Ram (PW-10) was a collateral of Bhagwan<\/p>\n
Dass and Hari Ram (PW-11) was Bhagwan Dass’s uncle. All the witnesses<\/p>\n
were closely related to the deceased but none of them had given any good<\/p>\n
reason to be standing around the bus stand. The occurrence must have been<\/p>\n
witnessed by others from the surrounding area but these witnesses were<\/p>\n
never cited. It was still light at the time of the occurrence, shops would<\/p>\n
have been opened but still the prosecution relied only on three chance and<\/p>\n
related witnesses.\n<\/p>\n
            The entire prosecution case was a concocted story, the eye<\/p>\n
witness account was badly contradicted by the medical evidence. Bhagwan<\/p>\n
Dass had a head injury, Ram Pal had injury to the lungs and yet the<\/p>\n
prosecution expected the court to believe that the two deceased had covered<\/p>\n
80 karams and 40 karams, respectively, by running in opposite directions.<\/p>\n
According to the site plan prepared by the Investigating Officer, Bhagwan<\/p>\n
Dass had fallen near Hari Chand’s house, at distance of 2 killas from the<\/p>\n
spot where the fight took place. Similarly, Ram Pal had fallen near Ram<\/p>\n
Chand’s house,at a distance of 1 killa from the spot. Both these locations<\/p>\n
were in two opposite directions. It was not as if the murders had occurred at<\/p>\n
the very spot where the young men had gathered and yelled at each other.<\/p>\n
            The accused and the deceased had been closely associated, it
\n Crl. Appeal No. 453 DB of 1998                                      6<\/span><\/p>\n
could be said that they were part of a gang which had broken up. The<\/p>\n
learned Senior Counsel argued that the case had many unusual features.<\/p>\n
Neither Bhagwan Dass nor Ram Pal could have run any distance from<\/p>\n
Puran’s Tea Shop because their injuries would have made them collapse<\/p>\n
immediately. The photographs of the dead bodies showed that the deceased<\/p>\n
had been wearing chappals which were lying near their respective bodies.<\/p>\n
This would not have been the case if the deceased had run from the spot,<\/p>\n
because their chappals would have got left behind, this was not the case.<\/p>\n
             The learned Senior Counsel further argued that the entire<\/p>\n
prosecution was shrouded with massive doubts. The fight was spread over a<\/p>\n
period of an hour.      No real reason was disclosed by the prosecution<\/p>\n
witnesses about the genesis of the fight.\n<\/p>\n
             The Learned Additional Advocate General replied that the<\/p>\n
presence of the witnesses could not be doubted on flimsy grounds to scuttle<\/p>\n
the entire prosecution case. The deceased would have certainly run some<\/p>\n
distance after receiving the injuries.      The fact that the FIR had been<\/p>\n
registered promptly within a few hours of the occurrence and the special<\/p>\n
report delivered to the Magistrate within a few hours thereafter showed that<\/p>\n
the witnesses were present at the spot and had not been subsequently<\/p>\n
introduced. The witnesses had no enmity with the accused and no reason at<\/p>\n
all to falsely implicate the accused.\n<\/p>\n
             We have gone through the testimonies of the three witnesses.<\/p>\n
Balwant (PW-9), Anant Ram (PW-10) and Hari Ram (PW-11). According<\/p>\n
to Balwant, he was sitting at Puran’s Shop at about 7.30 p.m., the two<\/p>\n
deceased and the six accused were all standing together when an altercation
\n Crl. Appeal No. 453 DB of 1998                                          7<\/span><\/p>\n
started. Om Parkash caught hold of Bhagwan Dass to enable Balkar Singh<\/p>\n
to stab on Bhagwan Dass’s chest with the knife. Bhagwan Dass tried to run<\/p>\n
to safety. He was followed by Om Parkash who gave a khurchana blow on<\/p>\n
his head. Ram Pal had also tried to run but he was caught hold by Mohinder<\/p>\n
Singh to enable Jai Parkash to stab him in the chest. According to the<\/p>\n
witness, light was also at on Puran’s Shop, natural light was also still present<\/p>\n
as night had not fallen.\n<\/p>\n
             Balwant’s cross-examination reveals that he had made a few<\/p>\n
insignificant improvements over his police statement.            However, he<\/p>\n
admitted in cross-examination that the accused and the deceased parties had<\/p>\n
never had a quarrel with each other. They were also not related to each<\/p>\n
other. Bhagwan Dass and Ram Pal deceased had been prosecuted under<\/p>\n
Section 326 IPC for the injuries to Sattu. Jai Parkash accused had also been<\/p>\n
their co-accused. The witness was subjected to lengthy cross-examination<\/p>\n
regarding where each accused had stood at what distance from the deceased<\/p>\n
and so on. Quite innocuous and meaningless was the cross-examination.<\/p>\n
None of the answers raised any doubt in our minds regarding the veracity of<\/p>\n
the eye witnesses.     Balwant did admit some relationship between the<\/p>\n
deceased and the witnesses but we must accept that in rural areas, social<\/p>\n
groupings and ties were pervasive, therefore, people in villages would be<\/p>\n
related to one another, in varying degrees, some closely some distantly. We<\/p>\n
would not take the relationship factor very seriously.<\/p>\n
             Puran   would have been the natural witness. Balwant was<\/p>\n
asked about Puran, he replied that when he reached Puran’s Shop, he was<\/p>\n
told by Puran that he was going to answer the call of nature. Therefore,
\n Crl. Appeal No. 453 DB of 1998                                       8<\/span><\/p>\n
there is a valid reason for Puran for being absent when the altercation took<\/p>\n
place. Likewise, cross-examination of Anant Ram and Hari Ram (PW-10)<\/p>\n
and (PW-11) had also proceeded on predictable lines. They were asked a lot<\/p>\n
of vague and inconsequential questions but without any impact. We feel<\/p>\n
that the learned trial court had correctly appraised the prosecution evidence<\/p>\n
and particularly eye witness account as regards at least two of the accused–<\/p>\n
Balkar and Jai Parkash.\n<\/p>\n
            The learned Senior Counsel had tried to canvass before us that<\/p>\n
the offence committed by the accused were not murder but manslaughter.<\/p>\n
Reliance was placed on Sunder Singh v. State of Rajasthan AIR<\/a> 1988<\/p>\n
Supreme Court 2136, Radha Kishan v. State of Haryana AIR<\/a> 1987 Supreme<\/p>\n
Court 768 and Jagat Singh versus State of Haryana 1977 Supreme Court<\/p>\n
Cases (Cri) 95.\n<\/p>\n
            We have gone through the said judgments and find that they<\/p>\n
would not apply to the present case. The accused and the deceased in this<\/p>\n
case were members of a gang who had been upto no good, aimless drifters<\/p>\n
without any stable job or vocation. The deceased wanted to break their<\/p>\n
association with the accused which was not acceptable to the accused. We<\/p>\n
are not certain if the two groups had met on the basis of a prior arrangement<\/p>\n
or it was a chance meeting. The important fact is that both Balkar Singh<\/p>\n
and Jai Parkash were armed with knives. They had been arrested on the<\/p>\n
basis of a secret information from a place known as Bastali Jhal on July 1,<\/p>\n
1994. Balkar Singh and Jai Parkash, on interrogation, had disclosed that<\/p>\n
they had concealed their respective knives and got them recovered. The<\/p>\n
Investigating Officer had recorded the statements and got the knives
\n Crl. Appeal No. 453 DB of 1998                                           9<\/span><\/p>\n
recovered. The injuries on the two deceased were inflicted by these two<\/p>\n
knives, therefore, the medical evidence corroborates the eye witness<\/p>\n
account. The deceased and the accused were together when the fight began.<\/p>\n
If the deceased wanted to part company and leave the gang, the accused<\/p>\n
should have let them do so but events reveal that Bhagwan Dass was<\/p>\n
stabbed by Balkar Singh after he had been caught hold by Om Parkash.<\/p>\n
Then Ram Pal tried to run, he was stabbed by Jai Parkash. Bhagwan Dass<\/p>\n
and Jai Parkash had run in opposite directions. All this shows that the<\/p>\n
accused had come there prepared to fight, Balkar and Jai Parkash were<\/p>\n
armed with knives and when fight began, the deceased tried to escape but<\/p>\n
both failed to do so. Either the deceased were stabbed at the spot or they<\/p>\n
were chased and then stabbed.       This is somewhat unclear but the fact<\/p>\n
remains that Bhagwan Dass was stabbed by Balkar Singh and Ram Pal by<\/p>\n
Jai Parkash. Their acts were certainly committed with the intention to cause<\/p>\n
the death of the two deceased and are covered under the definition of<\/p>\n
murder. They do not fall in the category of manslaughter under Section 304<\/p>\n
IPC.\n<\/p>\n
             However, we find that Mohinder Singh accused was empty<\/p>\n
handed and there is doubt in our minds regarding his participation in the<\/p>\n
occurrence in the same degree as Balkar Singh and Jai Parkash. Therefore,<\/p>\n
Mohinder Singh was wrongly convicted for the double murder on the basis<\/p>\n
of being a member of unlawful assembly.            Mohinder Singh deserves<\/p>\n
acquittal on the basis of benefit of doubt and his appeal ( Crl. Appeal 453<\/p>\n
DB of 1998) is allowed and he is set at liberty forthwith. If he is in custody<\/p>\n
he shall be released, if on bail, then his bail bond stood discharged.
\n Crl. Appeal No. 453 DB of 1998                                    10<\/span><\/p>\n
            However, as regards Balkar Singh and Jai Parkash, we find that<\/p>\n
they both are guilty of murder. Balkar Singh under Section 302 IPC for the<\/p>\n
murder of Bhagwan Dass and Jai Parkash under Section 302\/34 for sharing<\/p>\n
common intention with Balkar Singh for the murder of Bhagwan Dass.<\/p>\n
Likewise Jai Parkash is guilty of murder of Ram Pal under Section 302 IPC<\/p>\n
and Balkar Singh under Section 302\/34 for sharing common intention with<\/p>\n
Jai Parkash for the murder of Ram Pal. Both Balkar Singh and Jai Parkash<\/p>\n
are liable to be sentenced to life imprisonment on two counts. The learned<\/p>\n
trial Judge had awarded consecutive life sentences to them under Section<\/p>\n
302 IPC. but we convert consecutive to concurrent sentences and dispose of<\/p>\n
their appeal (Crl. Appeal No. 504 DB of 1998) with this modification in<\/p>\n
sentence.<\/p>\n
\n\n\n\n                                        (K.S. GAREWAL)\n                                               JUDGE\n\n\n\nDecember 12, 2008                   (JITENDRA CHAUHAN)\nprem                                           JUDGE\n\n\nNote:-      Whether refer to reporter           Yes\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Mohinder Singh vs State Of Haryana on 12 December, 2008 Crl. Appeal No. 453 DB of 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Crl. Appeal No. 453 DB of 1998 Date of decision: December 12, 2008 Mohinder Singh …Appellant Versus State of Haryana …Respondent (2) Crl. […]<\/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-246321","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nMohinder Singh vs State Of Haryana on 12 December, 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\/mohinder-singh-vs-state-of-haryana-on-12-december-2008-2\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mohinder Singh vs State Of Haryana on 12 December, 2008 - 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