{"id":28222,"date":"2008-08-07T00:00:00","date_gmt":"2008-08-06T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/iqbal-singh-vs-state-of-punjab-on-7-august-2008"},"modified":"2015-10-03T06:59:14","modified_gmt":"2015-10-03T01:29:14","slug":"iqbal-singh-vs-state-of-punjab-on-7-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/iqbal-singh-vs-state-of-punjab-on-7-august-2008","title":{"rendered":"Iqbal Singh vs State Of Punjab on 7 August, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Iqbal Singh vs State Of Punjab on 7 August, 2008<\/div>\n
Criminal Appeal No.100-DB of 2001                                               1\n\nIN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH\n\n\n                              Crimianl Appeal No.100-DB of 2001\n                             Date of Decision: August 07, 2008\n\n\n\nIqbal Singh                                              ...........Appellant\n\n\n                    Versus\n\n\nState of Punjab                                    ..........Respondent\n\n\n\nCoram:         Hon'ble Mr.Justice K.S.Grewal\n               Hon'ble Mrs. Justice Sabina\n\n\n      Present:      Mr.Ranjan Lakhanpal,Advocate for the appellant.\n                    Ms.Gurveen Singh,Additional Advocate General,Punjab\n\n\n                          * * *\n\nSabina, J.\n<\/pre>\n
              Vide this judgment, Criminal Appeals bearing No. 100-DB of<\/p>\n
2001 and 1250-SB of 2000 would be disposed of as both the appeals have<\/p>\n
arisen out of the judgments relating to the same occurrence.<\/p>\n
              Prosecution story, in brief, is that the complainant Ajit Singh<\/p>\n
had gone to visit Jaswant Singh (father-in-law of his son) on 20.10.1998 at
\n Criminal Appeal No.100-DB of 2001                                        2<\/span><\/p>\n
about 11.00 a.m. When he entered the house after opening main gate, he<\/p>\n
found that Jaswant Singh was lying in the Court yard with his face on the<\/p>\n
ground in a pool of blood. There were many injuries on his head with<\/p>\n
sharp edged wapon. He suspected that Jaswant Singh had been murdered<\/p>\n
by his grand son Iqbal Singh @ Sonu, Jaspal Singh @ Baggi along with<\/p>\n
their mother Harjit Kaur. The said suspects used to demand share in the<\/p>\n
property from Jaswant Singh who was not ready to give his    property   to<\/p>\n
them.   On the basis of the statement of complainant, formal FIR was<\/p>\n
registered. After completion of investigation and necessary formalities,<\/p>\n
challan was presented against accused Iqbal Singh @ Sonu. Charge was<\/p>\n
framed against accused by the Additional Sessions Judge, Ludhiana under<\/p>\n
Sections 302, 404 IPC on 26.2.1999 in FIR No. 119 dated 20.10.1999 at<\/p>\n
Police Station Sahnewal. In another         FIR No. 123 dated 24.10.1998<\/p>\n
registered at Police Station Sahnewal, charge was framed against the<\/p>\n
accused under Section 25 of the Arms Act on the same date. Accused did<\/p>\n
not plead guilt and claimed trial in both the cases.\n<\/p>\n
             Learned trial Court convicted and sentenced the accused in<\/p>\n
both the cases. Accused was sentenced to undergo imprisonment for two<\/p>\n
years and a fine of Rs.1000\/- in the case under Section 25 of the Arms Act.<\/p>\n
The accused was convicted and sentenced to undergo imprisonment for life
\n Criminal Appeal No.100-DB of 2001                                         3<\/span><\/p>\n
under Section 302 IPC and a fine of Rs. 2000\/- and under Section 404 IPC,<\/p>\n
he was sentenced to undergo rigorous imprisonment for two years with a<\/p>\n
fine of Rs.1000\/- in FIR No. 119 dated 20.10.1999.\n<\/p>\n
               Aggrieved by the same, accused has filed the abovementioned<\/p>\n
two appeals.\n<\/p>\n
                 We have heard the learned counsel for the appellants and<\/p>\n
learned State counsel and have gone through the record available on the file<\/p>\n
carefully.\n<\/p>\n
               Learned counsel for the appellant-Iqbal Singh has argued that<\/p>\n
the accused had been falsely involved in this case to deny him his share of<\/p>\n
property as his father had already died. The complainant had involved the<\/p>\n
accused in this case merely on the basis of suspicion. No person from the<\/p>\n
neighborhood had been joined at the time of investigation or alleged<\/p>\n
recovery of `kulhari’ and `revolver’ from the accused.<\/p>\n
               Learned State counsel, on the other hand, has argued that the<\/p>\n
prosecution case was duly proved from the statement of the prosecution<\/p>\n
witnesses. Accused was last seen coming from the house of the deceased.<\/p>\n
Accused had also suffered an extra judicial confession with regard to<\/p>\n
commission of offence before PW 1. The weapon used at the time of<\/p>\n
commission of offence i.e. `kulhari’ was recovered from the accused. On
\n Criminal Appeal No.100-DB of 2001                                             4<\/span><\/p>\n
the basis of his disclosure statement, `revolver’ in question was also<\/p>\n
recovered from the accused. Accused did not attend the cremation of his<\/p>\n
grand father. On an earlier occasion, accused had inflicted injuries on the<\/p>\n
person of his grand mother i.e. wife of deceased. Jaswant Singh was not a<\/p>\n
permanent resident of village Sahnewal and used to often visit England<\/p>\n
where his sons were residing.\n<\/p>\n
             The present case rests on circumstantial evidence.<\/p>\n
      It has been held in Vasa Chandrasekhar Rao vs. Ponna<\/p>\n
      Satyanarayana,<\/a> 2000(3) Recent Crininal Reports 96(SC) that in a<\/p>\n
      case of circumstantial evidence, in order to establish the guilt of the<\/p>\n
      accused, it was necessary to prove the circumstances fully and it was<\/p>\n
      further held as under:-\n<\/p>\n
                   “(i)    Circumstances should be conclusive in nature.<\/p>\n<\/blockquote>\n
                   (ii)    All facts so established, should be consistent only<\/p>\n
                           with hypothesis of the guilt and inconsistent with<\/p>\n
                           innocence.\n<\/p><\/blockquote>\n
                   (iii)   Circumstances should exclude the possibility of<\/p>\n
                           guilt of any person other than the accused.<\/p>\n<\/blockquote>\n
                   (iv)    In order to justify an inference of guilt,\n\n                           circumstances must be incompatible with\n Criminal Appeal No.100-DB of 2001                                              5<\/span>\n\n                          innocence of accused.\n\n                   (v)    Cumulative effect of the circumstances must be\n\n<\/pre>\n
                          such as to negate the innocence of the accused and<\/p>\n
                          bring home the offence beyond reasonable doubt.<\/p>\n<\/blockquote>\n
                   (vi)   Where accused on being asked, offers no<\/p>\n
                          explanation or explanation is found to be false,<\/p>\n
                          then that itself forms an additional link in<\/p>\n
                          chain of circumstances.”\n<\/p><\/blockquote>\n
                   Prosecution case is to be examined in this perspective.<\/p>\n<\/blockquote>\n
FIR in this case was lodged by the complainant who had gone to visit the<\/p>\n
house of the deceased on 20.10.1998 at about 11.00 a.m. Murder of Jaswant<\/p>\n
Singh was committed on the night of Diwali festival.                     In these<\/p>\n
circumstances, visit of the complainant to the house of Jaswant Singh seems<\/p>\n
to be natural as daughter of the complainant was married to the son of<\/p>\n
deceased. Prosecution case was set in motion on the basis of statement of<\/p>\n
the complainant with regard to murder of Jaswant Singh deceased.<\/p>\n
            PW1 Baldev Singh, is Sarpanch of village Sahibana who has<\/p>\n
deposed that he had good relations with Iqbal Singh and on 22.10.1998, he<\/p>\n
was present in his fields where accused Iqbal Singh met him and confessed<\/p>\n
before him that he had committed murder of his grand father-Jaswant Singh.
\n Criminal Appeal No.100-DB of 2001                                           6<\/span><\/p>\n
He did not have time to produce the accused before Police on that day and<\/p>\n
accused thereafter did not come to him. On the next day, he reported the<\/p>\n
matter of confession of guilt of the accused        to SHO Hardev Singh.<\/p>\n
Confession made by an accused to a Sarpanch of the village appears to be<\/p>\n
believable and reliance can be placed on it. The statement of this witness<\/p>\n
was recorded by the Police on 23.10.1998 and,thus, it cannot be said that<\/p>\n
there was any delay in recording the statement of this witness.<\/p>\n
            PW4 Balbir Singh is the witness who had last seen the accused<\/p>\n
coming out of the house of Jaswant Singh, deceased armed with `kulhari.’<\/p>\n
When the said witness inquired from the accused as to what was the matter,<\/p>\n
the accused replied that he would meet him later on. The said wintess in his<\/p>\n
cross-examination deposed that on the next day, he was not present in the<\/p>\n
village as he had gone out of station on account of the fact that his daughter<\/p>\n
was not well and he returned to the village on 21.10.1998.        Statement of<\/p>\n
this witness was recorded on 21.10.1998 without any delay.           The said<\/p>\n
witness belongs to village Sahibana and his presence near the house of<\/p>\n
deceased appears to be natural.\n<\/p>\n
            PW2 Bahadur Singh is the son of deceased who returned back<\/p>\n
from England on 22.10.1998 after he was informed about the murder of his<\/p>\n
father. As per this witness, the dead body was cremated by them and
\n Criminal Appeal No.100-DB of 2001                                          7<\/span><\/p>\n
accused Iqbal Singh was not present in the house. When they came to their<\/p>\n
village, he accompanied SHO Hardev Singh in search of accused Iqbal<\/p>\n
Singh who was found standing at the bus stop of village Pawan . Accused<\/p>\n
was apprehended by the Police and from his pant, .32 bore revolver loaded<\/p>\n
with six cartridges belonging to his father was recovered and it was taken in<\/p>\n
possession.\n<\/p>\n
              Complainant Ajit Singh while appearing in the witness box as<\/p>\n
PW3 has deposed as per the contents of the FIR and further deposed that<\/p>\n
Iqbal Singh had earlier given `kirpan’ blow to the wife of Jaswant Singh and<\/p>\n
had got effected compromise between the parties.\n<\/p>\n
              Investigating Officer, Hardev Singh,PW9 has deposed with<\/p>\n
regard to the investigation conducted by him on the spot and further deposed<\/p>\n
that on 24.10.1998, .32 bore revolver and six cartridges from the possession<\/p>\n
of the accused were recovered, at the time of his arrest. On 25.10.1998,<\/p>\n
accused was interrogated and he disclosed that he had kept concealed one<\/p>\n
`kulhari’ in the wheat husk lying in the room and the said fact was in the<\/p>\n
exclusive knowledge of the accused and he could get the same recovered.<\/p>\n
On the basis of said disclosure statement, `kulhari’ was recovered from the<\/p>\n
disclosed place. PW5 Mohammad Iqbal was joined at the time of the said<\/p>\n
recovery who had also duly corroborated the statement of PW9 Hardev
\n Criminal Appeal No.100-DB of 2001                                             8<\/span><\/p>\n
Singh.\n<\/p>\n
              Post mortem examination on the dead body of deceased<\/p>\n
Jaswant Singh was conducted on 21.10.1998 by Dr.G.S. Randhawa,PW8<\/p>\n
and he found 8 injuries on the person of deceased which were on the<\/p>\n
head\/face of the deceased. The said injuries were found to be ante mortem.<\/p>\n
The probable time between the death and post mortem was bout 35 hours.<\/p>\n
In his cross-examination, he deposed that the time of death could vary from<\/p>\n
2 to 3 hours on either side. This corroborates the statement of PW4 Balbir<\/p>\n
Singh who had last seen the accused coming out from the house of the<\/p>\n
deceased at about 8.00 or 8.30 p.m.<\/p>\n
            Thus, from the above mentioned facts, it is evident that the<\/p>\n
circumstances proved on record against the accused are that he was last<\/p>\n
seen coming out of the house of the deceased armed with a `kulhari’. As per<\/p>\n
PW4 Balbir Singh, deceased -Jaswant Singh was living all alone in his<\/p>\n
house whereas accused was living in his separate house with his mother and<\/p>\n
brother which was situated at some distance from the house of Jaswant<\/p>\n
Singh. Thereafter, the accused suffered an extra judicial confession before<\/p>\n
PW1 Baldev Singh on 22.10.1999 with regard to commission of offence. It<\/p>\n
was a Diwali night. The accused taking benefit of said fact, committed<\/p>\n
murder of his grand father.     At the time of arrest of accused, revolver
\n Criminal Appeal No.100-DB of 2001                                                 9<\/span><\/p>\n
belonging to the deceased was recovered from him. PW10 Sham Sunder has<\/p>\n
proved licence of the said revolver which was in the name of the deceased.<\/p>\n
Accused could not show any licence for keeping the revolver in his<\/p>\n
possession.    `Kulhari’ used at the time of occurrence was also recovered<\/p>\n
from the disclosed place in terms of the disclosure statement suffered by the<\/p>\n
accused. An independent person was joined at the time of recovery. There<\/p>\n
is nothing on the record to suggest that investigation in the present case had<\/p>\n
not been conducted in a fair manner. Complainant had raised suspicion on<\/p>\n
three persons but after due inquiry, challan was presented only against the<\/p>\n
accused. His brother and mother were not challaned in this case.<\/p>\n
              All these circumstances are conclusive in nature and lead to the<\/p>\n
conclusion that accused is guilty of the offence. Accused has also failed to<\/p>\n
offer any explanation when examined under Section 313 of the Code of<\/p>\n
Criminal Procedure. The prosecution has,thus, been successful, in proving<\/p>\n
its case against the accused under Section 302 IPC and 25 of the Arms Act.<\/p>\n
However, the conviction of the accused under Section 404 IPC is liable to<\/p>\n
be set aside as in the facts of the present case, it cannot be said that he had<\/p>\n
dishonestly misappropriated or converted to his own use the revolver which<\/p>\n
belonged to his grand father. Accused was ,however, guilty of keeping in<\/p>\n
possession a revolver without a licence.\n<\/p>\n
 Criminal Appeal No.100-DB of 2001                                        10<\/span><\/p>\n
            Accordingly, conviction and sentence of the accused is<\/p>\n
maintained under Section 302 IPC and Section 25 of the Arms Act and he is<\/p>\n
acquitted of charge framed against him           under Section 404 IPC.<\/p>\n
Consequently, appeals are dismissed\/disposed of in the above terms.<\/p>\n
             Criminal Appeal No, 1049-SB of 2003<\/p>\n
            This appeal is an off shoot of the judgment vide which the case<\/p>\n
of the accused-Iqbal Singh was decided in FIR No. 123 dated 24.10.1998<\/p>\n
registered at Police Station Sahnewal under Section 25 of the Arms Act.<\/p>\n
Bahadur Singh Gill has filed this appeal aggrieved by the decision of the<\/p>\n
trial Court whereby .32 bore revolver recovered from accused-Iqbal Singh<\/p>\n
was ordered to be confiscated to the State.\n<\/p>\n
            This Court vide order dated 19.9.2005 passed in Crl.Misc.<\/p>\n
30106 of 2005 held as under:-\n<\/p>\n
             “On October 24,1998 Iqbal Singh grand son of Jaswant Singh<\/p>\n
             was arrested for the murder of his grand father and on his<\/p>\n
             personal search a loaded German made .32 bore revolver<\/p>\n
             bearing No.1291816 along with six live cartridges were<\/p>\n
             recovered from his possession.\n<\/p><\/blockquote>\n
                                Since the revolver belonged to the deceased<\/p>\n
                   grand father, Iqbal Singh was tried for murder as well as
\n Criminal Appeal No.100-DB of 2001                                          11<\/span><\/p>\n
                   for illegal possession of fire arm. Iqbal Singh was<\/p>\n
                   convicted under Section 302 IPC for the murder of<\/p>\n
                   Jaswant Singh and sentenced to life imprisonment.<\/p>\n
                   Appeal against conviction is pending. Like wise Iqbal<\/p>\n
                   Singh’s appeal for his conviction under Section 25 of the<\/p>\n
                   Arms Act is also pending.\n<\/p><\/blockquote>\n
                          When the judgment was pronounced in the Arms<\/p>\n
                   Act case on September 13,2005, learned Additional<\/p>\n
                   Sessions Judge ordered that case property be confiscated<\/p>\n
                   to the State. Thus, the revolver of the deceased now<\/p>\n
                   stands confiscated to the State.\n<\/p><\/blockquote>\n
                          The order of confiscation has been challenged by<\/p>\n
                   Bahadur Singh Gill, a son of deceased, on his own behalf<\/p>\n
                   and on behalf of other heirs of the deceased, namely<\/p>\n
                   Kartar Kaur (widow), Saudagar Singh Gill and Davinder<\/p>\n
                   Singh Gill(sons) Jasvir Kaur and Balbir Kaur (daughters)<\/p>\n
                   and Parminder Singh (deceased son of Jaswant Singh and<\/p>\n
                   father Iqbal Sigh).         The said Parminder Singh<\/p>\n
                   predeceased his father.\n<\/p><\/blockquote>\n
                          Iqabal Singh stands disqualified to inherit the fire
\n Criminal Appeal No.100-DB of 2001                                         12<\/span><\/p>\n
                   arm but there is no disqualification as far as the other<\/p>\n
                   heirs of the deceased are concerned. Let fire arm and<\/p>\n
                   seven cartridges be released to the heirs of the deceased<\/p>\n
                   but physical possession of the fire arm shall be given to<\/p>\n
                   Bahadur Singh Gill applicant after he obtains no objction<\/p>\n
                   from the other heirs of the deceased and furnishes a valid<\/p>\n
                   licence for possessing the same.\n<\/p><\/blockquote>\n
                          The fire arm shall not be disposed of       by the<\/p>\n
                   concerned heir and it shall be released to him on<\/p>\n
                   furnishing a bond to the satisfaction of the Registrar of<\/p>\n
                   this Court undertaking to produce the fire arm as and<\/p>\n
                   when required.”<\/p><\/blockquote>\n
             The said order is confirmed and accordingly, Criminal Appeal<\/p>\n
No.1049-SB of 2003 is allowed.\n<\/p>\n<\/p>\n
                                                  (   Sabina    )\n                                                      Judge\n\n\n\n                                                  (K.S.Garewal)\n                                                    Judge\nAugust 07,2008\narya\n Criminal Appeal No.100-DB of 2001   13<\/span>\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Iqbal Singh vs State Of Punjab on 7 August, 2008 Criminal Appeal No.100-DB of 2001 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crimianl Appeal No.100-DB of 2001 Date of Decision: August 07, 2008 Iqbal Singh ………..Appellant Versus State of Punjab ……….Respondent Coram: Hon’ble Mr.Justice K.S.Grewal Hon’ble Mrs. Justice Sabina […]<\/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-28222","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nIqbal Singh vs State Of Punjab on 7 August, 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\/iqbal-singh-vs-state-of-punjab-on-7-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Iqbal Singh vs State Of Punjab on 7 August, 2008 - 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