{"id":63780,"date":"2005-03-03T00:00:00","date_gmt":"2005-03-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/balbir-singhetc-vs-state-of-punjabetc-on-3-march-2005"},"modified":"2015-09-16T19:13:19","modified_gmt":"2015-09-16T13:43:19","slug":"balbir-singhetc-vs-state-of-punjabetc-on-3-march-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/balbir-singhetc-vs-state-of-punjabetc-on-3-march-2005","title":{"rendered":"Balbir Singh,Etc vs State Of Punjab,Etc on 3 March, 2005"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Balbir Singh,Etc vs State Of Punjab,Etc on 3 March, 2005<\/div>\n<div class=\"doc_author\">Author: K Balakrishnan<\/div>\n<div class=\"doc_bench\">Bench: K.G.Balakrishnan, B.N.Srikrishna<\/div>\n<pre>           CASE NO.:\nAppeal (crl.)  713-714 of 2004\n\nPETITIONER:\nBalbir Singh, etc.\t\t\t\t\t\t\n\nRESPONDENT:\nState of Punjab, etc.\t\t\t\t\t\n\nDATE OF JUDGMENT: 03\/03\/2005\n\nBENCH:\nK.G. Balakrishnan &amp; B.N. Srikrishna \n\nJUDGMENT:\n<\/pre>\n<p>J U D G M E N T<br \/>\nWITH<\/p>\n<p>CRIMINAL APPEAL NOS. 776-777 OF 2004<\/p>\n<p>K.G. BALAKRISHNAN, J.\n<\/p>\n<p>\tThe Additional Sessions Judge, Bhatinda, tried four accused for<br \/>\nthe offences punishable under Section 302 read with Section 34 IPC.<br \/>\nInitially, the final report filed by the police was against five accused,<br \/>\nbut one of the accused was discharged.  The Sessions Judge acquitted<br \/>\nall the four accused.   The State of Punjab filed a criminal appeal<br \/>\nagainst the acquittal of the accused persons and the de-facto<br \/>\ncomplainant filed a revision challenging the acquittal.   The appeal and<br \/>\nthe revision were considered by the High Court and the Division Bench<br \/>\nfound all the four accused guilty of the offences punishable under<br \/>\nSection 302 read with Section 34 IPC and each one of them was<br \/>\nsentenced to undergo imprisonment for life and to pay a fine of<br \/>\nRs.2,000\/-, with a default sentence of six months further<br \/>\nimprisonment.   Aggrieved  by the findings of the High Court,  A-2 and<br \/>\nA-3 have filed Criminal Appeal Nos. 776-777 of 2004 and the fourth<br \/>\naccused,  Balbir  Singh has filed Criminal Appeal Nos. 713-714 of<br \/>\n2004.   During the pendency  of the appeal before the High Court, the<br \/>\nfirst accused, Gorkha Singh passed away.\n<\/p>\n<p>\tThe incident giving rise to  these appeals happened on<br \/>\n1.10.1993 at about 9.30 AM.     Deceased  Tara Singh  had purchased<br \/>\nan  agricultural  field in  village  Kailey  Bander  from one  Gurdial<br \/>\nKaur in 1990  and  since  then he had been cultivating that land with<br \/>\nthe help of his sons, PW-2 Badal Singh, Gurdev Singh  and Harpal<br \/>\nSingh.   According to the prosecution, the appellants herein expected<br \/>\nto inherit the property owned by  Gurdial Kaur  on her death and the<br \/>\npurchase of the property by Tara Singh was resented to by them and<br \/>\nthey bore a grudge against him.  On the date of the incident, PW-2<br \/>\nBadal Singh and his father deceased Tara Singh were coming back<br \/>\nfrom the field.   PW-3 Jaswinder Kaur, the daughter-in-law of deceased<br \/>\nTara Singh was also in the near vicinity.  When Tara Singh reached<br \/>\nnear the field of one  Mithu Singh, the four appellants, namely,<br \/>\nSikander Singh, Gora Singh, Gorkha Singh and Balbir Singh emerged<br \/>\nfrom the nearby field and Gora Singh told that Tara Singh  must be<br \/>\ntaught a lesson.   Sikander Singh,  threw away his &#8216;Sotti&#8217;  (wooden<br \/>\nstick) and caught hold of Tara Singh.   The turban of Tara Singh fell<br \/>\ndown  whereupon  Gorkha Singh, who was armed  with a &#8216;kulhari&#8217;<br \/>\n(axe) gave a blow on the left side of the head of Tara Singh.   Gora<br \/>\nSingh, who was  armed with an axe, also hit  Tara Singh on the right<br \/>\nside of his head.   Balbir Singh also gave two blows to Tara Singh with<br \/>\na  &#8216;Ghope&#8217; (pointed rod).  PW-2 Badal Singh and PW-3 Jaswinder Kaur<br \/>\ncried out, but the appellants continued to give blows to Tara Singh,<br \/>\nwho fell on the ground and died.    PW-2 Badal Singh left  PW-3<br \/>\nJaswinder Kaur near the dead body of his father and went to  meet the<br \/>\nSarpanch of village Kailey Bander.    The  Sarpanch  was not<br \/>\navailable, so PW-2 reported  the incident to his brother,  Bhag Singh.<br \/>\nHe had also met Chowkidar Banta Singh.    It may  be noticed that<br \/>\nTara Singh was formerly a permanent resident of village Virk Khurd<br \/>\nand only after the purchase of the property from Guardial Kaur he had<br \/>\ncome down and settled near the agricultural field.    PW-2 Badal Singh<br \/>\nthen proceeded to his village Vir Khurd and met Jaswant Singh, the<br \/>\nelder brother of his father and along with him he went to the police<br \/>\nstation and gave the First Information  Report.\n<\/p>\n<p>\tThe Asstt. Sub-Inspector Bhajan Singh PW-5 took over the<br \/>\ninvestigation and reached the place of incident.   He recovered the<br \/>\nturban and shoes worn by deceased Tara Singh and some blood-<br \/>\nstained soil from the place of  incident.  He  held inquest over the dead<br \/>\nbody and sent the same for post-mortem examination through the<br \/>\nHead Constable.   There were as many as  thirteen injuries on the<br \/>\nbody of deceased Tara Singh.  PW-1 Dr.  Kulbir Singh, who conducted<br \/>\nthe  post-mortem deposed  that  injury no. 11  was  fatal  and   the<br \/>\ntwo horizontal bruises measuring 15 x 2 cms had corresponding<br \/>\ninternal injury and the seventh and the eighth ribs of deceased Tara<br \/>\nSingh  were fractured and  the  fractured ribs had pierced  the lung<br \/>\ntissue.  According to him,  the death  was due to hemorrhage and<br \/>\nshock.\n<\/p>\n<p> During their examination under Section 313 of the Criminal<br \/>\nProcedure Code, the accused set up a very curious plea to the effect<br \/>\nthat they were falsely implicated and that deceased Tara Singh  was<br \/>\nattacked by two unknown persons and that DW-1  Gurjant Singh was a<br \/>\nwitness to the incident and the accused examined Gurjant Singh as<br \/>\nDW-1.   He deposed that while he was sitting in his house, he heard an<br \/>\nalarm and when he reached the place,  he saw two persons causing<br \/>\ninjuries to Tara Singh, but  he could not identify them.   He found Tara<br \/>\nSingh dead  on the spot and  went to inform his relations and he could<br \/>\nnot meet anyone.  He came to know that Tara Singh was formerly a<br \/>\nresident of village Virk Khurd and proceeded to Virk Khurd in his car.<br \/>\nThere he met PW-2  Badal Singh and then  they came back to Kailey<br \/>\nBander.   PW-2 Badal Singh made consultation with Jaswant Singh and<br \/>\ngave the First Information statement to the police.\n<\/p>\n<p>\tThe Sessions Judge, of course, did not accept the evidence of<br \/>\nDW-1,  but he acquitted the accused mainly for the reason that there<br \/>\nwas inordinate delay in giving the First Information statement to the<br \/>\npolice by PW-2 and as the witness could not satisfactorily give any<br \/>\nexplanation, this was taken as a serious lapse on the part of the<br \/>\nprosecution.   Another reason given by the Sessions Judge was that<br \/>\nPW-2 Badal Singh could not have been present at the scene of<br \/>\noccurrence  as he did not make any attempt to save his father from<br \/>\nthe assailants.    According to the Sessions Judge, had PW-2 been<br \/>\npresent at the scene of occurrence, he would  have certainly<br \/>\nintervened  to save his father.     The Sessions Judge was also of the<br \/>\nview that there was no penetrating injury found  on the body  of the<br \/>\ndeceased Tara Singh, although according to PW-2,  the accused had<br \/>\ngiven a piercing thrust  on the body of the deceased Tara Singh with a<br \/>\n&#8216;Ghope&#8217;  and that there were contradictions between  the  medical<br \/>\nevidence and  the  oral evidence.\n<\/p>\n<p>\tThe  High Court  reversed the findings of the Sessions Judge and<br \/>\nheld that the delay in giving the  F.I.R. was of no consequence as it<br \/>\nwas satisfactorily explained by PW-2.   The High Court was also of the<br \/>\nview that PW-2 being a young man could not have intervened in the<br \/>\nattack on his father as there were four assailants, who were armed.<br \/>\nAccording to  the High Court, the same could not be taken as a factor<br \/>\nto disbelieve PW-2.  The High Court thus reversed the findings of the<br \/>\nSessions Judge.\n<\/p>\n<p>\tWe heard Shri Ranjit Kumar, learned  Senior Counsel for the<br \/>\nappellants and also the counsel for the State of Punjab.   The evidence<br \/>\nof PW-2 and PW-3 shows that the accused attacked the deceased with<br \/>\nvarious weapons.   The prosecution evidence shows that  deceased<br \/>\nTara Singh and his family members were originally the residents of<br \/>\nvillage Virk Khurd.   They had  purchased the agricultural property in<br \/>\nquestion about three years  before the incident  and constructed a<br \/>\nhutment nearby and started living there.    When PW-2 saw the<br \/>\nghastly incident of attack on his father by the assailants, he could not<br \/>\nseek the help of anybody from the village Kailey Bander where the<br \/>\nincident took place, probably because he had no acquaintance there.<br \/>\nHe went in search of the Sarpanch of the village but could not meet<br \/>\nhim and therefore he was constrained to go to his own village Virk<br \/>\nKhurd and met his father&#8217;s elder brother and then went to the police<br \/>\nstation.     It cannot be said  that a  young person like PW-2 acted in<br \/>\nan unreasonable  manner.  The counsel for the appellants pointed  out<br \/>\nthat two of his brothers were in the nearby field, but PW-2 did not<br \/>\ninform them.   As stated before, deceased Tara Singh  with his family<br \/>\nmembers had  come to village Kailey Bander three years before the<br \/>\nincident and probably they too may not have any acquaintances.<br \/>\nTherefore, it is quite probable that for this reason PW-2  chose to go to<br \/>\nthe village Sarpanch.   The High Court  was fully correct in holding that<br \/>\nPW-2 cannot be  disbelieved for  not having intervened  in the melee<br \/>\nas there were four assailants who were armed with weapons.    In our<br \/>\nview, the High Court rightly reversed the findings of the Sessions<br \/>\nJudge.   The contention of the appellants counsel that there were<br \/>\ncontradictions between the  medical evidence and oral evidence  also<br \/>\nis of not  much  consequence as the witness could not be in a position<br \/>\nto specifically  say as to which portion of the weapon was used when<br \/>\nthere was a sudden attack by a group of persons.\n<\/p>\n<p>\tComing to the nature of the offence committed by the<br \/>\nappellants, there is evidence to the effect  that the appellants only<br \/>\nwanted to teach a lesson to Tara Singh.   They  were  aggrieved by the<br \/>\nfact that  deceased Tara Singh had purchased the agricultural land<br \/>\nwhich they expected to get  from Gurdial Kaur.     Two of the<br \/>\nassailants were armed with axes,  but  they did  not use the sharp<br \/>\nedge of those  weapons and the injuries sustained by deceased Tara<br \/>\nSingh would  show that  there were no deep penetrating  injuries.<br \/>\nMost of the injuries  were of minor nature,  having possibly been<br \/>\ncaused by the blunt edge of the weapon.   The doctor, who conducted<br \/>\nthe post-mortem examination deposed that  injury  no. 11, namely,<br \/>\ntwo bruises on the back of  the  deceased Tara Singh fractured two of<br \/>\nhis ribs.  The evidence of PW-2 and PW-3 clearly is to the effect that  it<br \/>\nwas Sikander Singh who caused those injuries, which ultimately<br \/>\nproved fatal.   Two other injuries were caused by Gorkha Singh, the<br \/>\nfirst accused.    Appellants Gora Singh and Balbir Singh  are not<br \/>\nalleged to have caused  any fatal injury  to  the deceased Tara Singh.<br \/>\nGora Singh,  though armed with a &#8216;Kulhari&#8217; (axe),  used the blunt<br \/>\nportion of that axe.   Sikandar Singh was armed with a  &#8216;Sotti&#8217;<br \/>\n(wooden stick).    He caught hold of deceased Tara Singh to enable<br \/>\nother assailants to cause injury to  him and  Sikandar Singh himself<br \/>\ngave  &#8216;Sotti&#8217;  blows on the back of the deceased which resulted  in<br \/>\ncausing  fracture of the  ribs and, in turn, piercing of  the lung tissues<br \/>\nof the deceased Tara Singh.    There is no dispute  that these injuries<br \/>\nwere caused on Tara Singh.    It  is clear that Sikandar Singh dealt the<br \/>\nfatal blows which ultimately resulted in the death of the deceased.   If<br \/>\nthe entire prosecution evidence is considered in the background of the<br \/>\nso called motive alleged, it is very difficult to discern that these<br \/>\nappellants had any common intention to cause the death of the<br \/>\ndeceased.   The  &#8216;Sotti&#8217;  blows  dealt on the back of   deceased Tara<br \/>\nSingh  proved  fatal  causing fracture of ribs which pierced  his lung<br \/>\ntissues.\n<\/p>\n<p>\tOn careful analysis of the prosecution evidence and the role<br \/>\nplayed by each one of the appellants, we are of the view that the<br \/>\nevidence does not show that these appellants shared a common<br \/>\nintention to cause the death of the deceased.   However, appellant<br \/>\nSikandar Singh caused  injuries  on  deceased Tara Singh which<br \/>\nproved to be fatal at the end.   The act committed by Sikandar Singh<br \/>\nwould come within the offence punishable under Section 304 Part I IPC<br \/>\nas he could be attributed with the knowledge that the injury caused by<br \/>\nhim is likely to cause death.  The grievous injuries caused by other<br \/>\nappellants, namely Gora Singh and Balbir Singh, would fall within the<br \/>\nmischief of Section 326 IPC.\n<\/p>\n<p>In the result, we  set aside the conviction  and sentence of all<br \/>\nthe appellants under Section 302 read with Section 34 IPC  and alter<br \/>\nthe conviction of the appellants as follows:  Sikandar Singh is found<br \/>\nguilty of the offence punishable under Section 304 Part I IPC and he is<br \/>\nsentenced to  undergo imprisonment for a  period of seven years and<br \/>\nthe other appellants, namely, Gora Singh  and Balbir Singh are found<br \/>\nguilty of the offence punishable under Section 326 IPC and sentenced<br \/>\nto imprisonment for a period of three years.    The appellants are<br \/>\nentitled to  set off the period of imprisonment already undergone by<br \/>\nthem.    The appeals are accordingly disposed of.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Balbir Singh,Etc vs State Of Punjab,Etc on 3 March, 2005 Author: K Balakrishnan Bench: K.G.Balakrishnan, B.N.Srikrishna CASE NO.: Appeal (crl.) 713-714 of 2004 PETITIONER: Balbir Singh, etc. RESPONDENT: State of Punjab, etc. DATE OF JUDGMENT: 03\/03\/2005 BENCH: K.G. Balakrishnan &amp; B.N. Srikrishna JUDGMENT: J U D G M E N T [&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-63780","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>Balbir Singh,Etc vs State Of Punjab,Etc on 3 March, 2005 - 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\/balbir-singhetc-vs-state-of-punjabetc-on-3-march-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Balbir Singh,Etc vs State Of Punjab,Etc on 3 March, 2005 - Free Judgements of Supreme Court &amp; 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