{"id":78810,"date":"2009-08-24T00:00:00","date_gmt":"2009-08-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/harjeet-singh-vs-state-on-24-august-2009"},"modified":"2017-07-27T18:35:12","modified_gmt":"2017-07-27T13:05:12","slug":"harjeet-singh-vs-state-on-24-august-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/harjeet-singh-vs-state-on-24-august-2009","title":{"rendered":"Harjeet Singh vs State on 24 August, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Jammu High Court<\/div>\n<div class=\"doc_title\">Harjeet Singh vs State on 24 August, 2009<\/div>\n<pre>       \n\n  \n\n  \n\n \n\n \n \n HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.            \nCr Appeal No. 11 OF 2008 AND Conf No. 4 OF 2008    \n1. Harjeet Singh\n2. State\nPetitioners\n1. State\n2. Harjeet Singh and anr\nRespondent  \n!Mr. Sunil Sethi, Sr. Advocate with Ms. Veenu Gupta, Advocate\n^Mr. P. C. Sharma, AAG  \n\nMR. JUSTICE HAKIM IMTIYAZ HUSSAIN, JUDGE.        \nMR. JUSTICE J. P. SINGH, JUDGE.    \nDate: 24\/08\/2009 \n:J U D G M E N T :\n<\/pre>\n<p>J.P.Singh-J<br \/>\n       Sentenced to Imprisonment for life and fine of Rs.<br \/>\n5000\/-,       under       Section        302      RPC,        besides        to<br \/>\nImprisonment for five years and fine of Rs. 5000\/- under<br \/>\nSection 452 RPC, And to, two years imprisonment and<br \/>\nfine of Rs. 2000\/- under Section 4\/25 of the Arms Act,<br \/>\nfor committing the murder of Kuldeep Kumar Badyal,<br \/>\nPrincipal Government Boys Higher Secondary School,<br \/>\nGandhi Nagar, Jammu, the appellant, Harjeet Singh,<br \/>\n<span class=\"hidden_text\">                                   2<\/span><br \/>\nthe appellant, has filed this appeal seeking setting aside<br \/>\nof his conviction and sentence, ordered vide judgment<br \/>\nof March 18, 2008 and order of                     March 19, 2008<br \/>\nrespectively, of the learned Second Additional Sessions<br \/>\nJudge, Jammu, herein after to be referred as the &#8216;trial<br \/>\ncourt&#8217;, for short.\n<\/p>\n<p>      Facts necessary for disposal of the appellant&#8217;s<br \/>\nCriminal Appeal and Confirmation Reference no. 4\/2008<br \/>\nof the trial court, may be stated, in brief, thus:-<br \/>\nFACTS:\n<\/p>\n<p>      PW1, Rajinder Singh, the Vice Principal of the<br \/>\nGovernment Boys Higher Secondary School, Gandhi<br \/>\nNagar, Jammu, delivered his complaint to the Police<br \/>\nStation Gandhi Nagar, Jammu through PW 12, Madan<br \/>\nLal, which reads as follows:-\n<\/p>\n<blockquote><p>                  &#8220;To<br \/>\n                  The Station House Officer,<br \/>\n                  Police Station Gandhi Nagar,<br \/>\n                  Jammu.<\/p>\n<blockquote><p>                  Sir,<br \/>\n                  Respectfully, I have to state as :-\n<\/p><\/blockquote>\n<blockquote><p>            (a)   Today at about 11.15 AM, two sikh youth aged<br \/>\n                  about 26 years and 20 years, one of them<br \/>\n                  named Mr. Deepinder Singh, came to me, when<br \/>\n                  I was teaching 11th Class Section A with the plea<br \/>\n                  to issue a certificate certifying that Deepinder<br \/>\n                  Singh has performed required numbers of<br \/>\n                  practicals in Physics and Chemistry for 12th<br \/>\n                  class.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                  3<\/span><\/p>\n<blockquote><p>                        I told them to approach the board<br \/>\n                 authorities for necessary permission, as his<br \/>\n                 application has already been submitted to Joint<br \/>\n                 Secretary board.\n<\/p><\/blockquote>\n<blockquote><p>          (b)    At about 1.35 P.M. same two youth appeared in<br \/>\n                 the Principal&#8217;s Chamber in very furious mood<br \/>\n                 and demanded the requisite certificate without<br \/>\n                 getting any sanction from board. There were<br \/>\n                 heated exchanges between the Principal, myself<br \/>\n                 and Sikh youths in the office Chamber in<br \/>\n                 presence of Subash Jamwal office clerk of the<br \/>\n                 School.\n<\/p><\/blockquote>\n<blockquote><p>          (c)    We came out of the office along with the youths<br \/>\n                 in the Varanda with exchanges.\n<\/p><\/blockquote>\n<blockquote><p>                        In the meantime, these two youths ran<br \/>\n                 away from the school, one of them Harjeet Singh<br \/>\n                 age about 26 years appeared on spot with sharp<br \/>\n                 edge weapon and attacked the Principal Sahib,<br \/>\n                 who became unconscious, fell down and was<br \/>\n                 taken to GMC by the staff members on auto,<br \/>\n                 being in old age and Cancer patient could not<br \/>\n                 bear the scene and went away.\n<\/p><\/blockquote>\n<blockquote><p>                 It is therefore requested that necessary<br \/>\n          investigation may kindly be initiated under law.<\/p><\/blockquote>\n<pre>\n                                              Yours faithfully\n                                              ( Rajinder Singh )\n          Dated: 3.2.99                             (V. Principal)\n                                              Sr. Lect. Physics\n                                              Gandhi Nagar.\"\n<\/pre>\n<blockquote><p>     FIR no. 54\/1999 was, accordingly, registered on<br \/>\nthe aforementioned complaint, under Sections 307, 452,<br \/>\n332, 34 RPC and 4\/25 of the Arms Act at Police Station<br \/>\nGandhi Nagar, Jammu.  <\/p><\/blockquote>\n<p>     After completion of the investigation, a Final Police<br \/>\nReport, was laid with the Chief Judicial Magistrate<br \/>\nJammu, indicating commission of offences punishable<br \/>\nunder Sections 302, 333, 452, 34 R.P.C read with<br \/>\nSection 4\/25 of the Arms Act, by the appellant and<br \/>\n<span class=\"hidden_text\">                             4<\/span><br \/>\nunder Sections 302, 452, 333, 34 RPC by one Deep<br \/>\nInder Singh, in committing the murder of Kuldeep<br \/>\nKumar Badyal, with a Butcher&#8217;s hatchet, called &#8220;Toka&#8221;<br \/>\nin local dialect.\n<\/p>\n<p>      Finding prima facie case for trial, the appellant and<br \/>\nDeep Inder Singh were charged, for commission of the<br \/>\noffences indicated hereinabove, by the trial court.\n<\/p>\n<p>      Denying the charge, the appellant and his<br \/>\nco- accused claimed trial.\n<\/p>\n<p>      In order to sustain the charge, the prosecution<br \/>\nexamined 33 out of 39 witnesses listed in the Final<br \/>\nPolice Report.\n<\/p>\n<p>      Denying the incriminating circumstances appearing<br \/>\nin the prosecution evidence, the appellant and his co-<br \/>\naccused put up the plea of total denial of the incident<br \/>\nopting not to lead any evidence in defence.\n<\/p>\n<p>      After appreciating the prosecution evidence and<br \/>\nthe material placed on the records, the trial Court<br \/>\nacquitted    Deep   Inder   Singh    but    convicted   and<br \/>\nsentenced the appellant as indicated at the threshold.\n<\/p>\n<p><span class=\"hidden_text\">                                5<\/span><\/p>\n<p>      Questioning the judgment and order of the trial<br \/>\nCourt, the appellant&#8217;s learned counsel urged as<br \/>\nfollows:-\n<\/p>\n<p>APPELLANT&#8217;S COUNSEL&#8217;S SUBMISSIONS:\n<\/p>\n<blockquote><p>     1. Prosecution      having    failed   to    lead  any<br \/>\n        evidence to prove that the appellant had hit<br \/>\n        the deceased at his office with a Toka, his<br \/>\n        conviction and sentence was unwarranted,<br \/>\n        particularly when almost all the prosecution<br \/>\n        witnesses,     in   unambiguous        terms,   had<br \/>\n        refused to identify the appellant as the same<br \/>\n        sikh boy, who had attacked the Principal on<br \/>\n        the day of occurrence.\n<\/p><\/blockquote>\n<blockquote><p>     2. The statement of PW-1, Rajinder Singh, was<br \/>\n        un-worthy of credence, in that, his presence<br \/>\n        on spot at the time of the occurrence has not<br \/>\n        been proved by the prosecution.\n<\/p><\/blockquote>\n<blockquote><p>     3. The attesting witnesses to EXPW\/VP, the<br \/>\n        appellant&#8217;s    alleged    Disclosure     Statement,<br \/>\n        having     not    supported      the    prosecution<br \/>\n        regarding appellant&#8217;s making the disclosure<br \/>\n        statement leading to the recovery of Toka, the<br \/>\n        trial court erred in relying upon the Disclosure<br \/>\n        Statement and the recovery of Toka made<br \/>\n        pursuant     thereto,   on    the   basis    of  the<br \/>\n        statement of PW-39, Yash Pal Bakshi, the<br \/>\n<span class=\"hidden_text\">                               6<\/span><br \/>\n        Investigating Police Officer, which could not<br \/>\n        be    relied    upon,    in  absence      of  any<br \/>\n        corroboration thereto, being the statement of<br \/>\n        the Police Officer interested in success of the<br \/>\n        prosecution case.\n<\/p><\/blockquote>\n<blockquote><p>     4. The investigating agency having failed to hold<br \/>\n        any Test Identification Parade for identification<br \/>\n        of the appellant, during investigation of the<br \/>\n        case, the statement of PW-1 could not be<br \/>\n        believed, in view of the admitted case of the<br \/>\n        prosecution that the witness had neither seen<br \/>\n        the appellant before the occurrence nor would<br \/>\n        he know his name or other particulars for his<br \/>\n        identification.\n<\/p><\/blockquote>\n<blockquote><p>     5. Suffering    from   tainted   investigation,  and<br \/>\n        based on ante-timed FIR, the prosecution<br \/>\n        case was liable to be rejected when the<br \/>\n        prosecution had failed to prove the appellant&#8217;s<br \/>\n        motive for commission of the offence.\n<\/p><\/blockquote>\n<p>STATE ADVOCATE&#8217;S SUBMISSIONS:\n<\/p>\n<p>     The    learned     Additional  Advocate      General<br \/>\nsubmitted that the evidence and the material<br \/>\nproduced in the case by the prosecution was<br \/>\nsufficient    enough     to   sustain    the   appellant&#8217;s<br \/>\n<span class=\"hidden_text\">                              7<\/span><br \/>\nconviction    and   sentence,     notwithstanding   the<br \/>\nprosecution witnesses&#8217; resilience from a part of their<br \/>\nstatements    made under Section 161           Cr.P.C.,<br \/>\nregarding, identification of the appellant. According<br \/>\nto the State counsel, the statement of PW-1,<br \/>\nsupported by EXPW-RS, his written FIR, has proved,<br \/>\nbeyond any reasonable doubt that it was the<br \/>\nappellant and appellant alone, who was responsible<br \/>\nfor the murder of the Principal. There was no need to<br \/>\nhold     any   Test   Identification   Parade    during<br \/>\ninvestigation of the case, because according to the<br \/>\nevidence led in the case, it has been proved beyond<br \/>\nany shadow of reasonable doubt that PW-1 had<br \/>\nseen the appellant thrice on the day of the<br \/>\noccurrence in the school and had thereafter<br \/>\nidentified him in the Court as the same person who<br \/>\nhad attacked the Principal in his office, says the<br \/>\nlearned counsel. Absence of motive, according to<br \/>\nthe counsel was not fatal to the prosecution case, in<br \/>\nview of the law settled by the Hon&#8217;ble Supreme<br \/>\nCourt of India in this respect. According to him, the<br \/>\n<span class=\"hidden_text\">                            8<\/span><br \/>\nstatement of the Investigating Police Officer is<br \/>\nworthy of credence and cannot be dis-believed<br \/>\nmerely because he happens to be a police officer, in<br \/>\nthe absence of any infirmity appearing therein.<br \/>\n    We have considered the submissions of learned<br \/>\ncounsel for the parties and gone through the<br \/>\nstatements of the witnesses and the other material<br \/>\navailable on the records.\n<\/p>\n<p>DISCUSSION<br \/>\n    We do not want to burden this judgment by<br \/>\nreproduction of the statements of all the prosecution<br \/>\nwitnesses, resume whereof is contained in the<br \/>\njudgment of the trial court, and shall refer to the<br \/>\nstatements of the witnesses, wherever necessary to<br \/>\ndeal with the appellant&#8217;s Appeal and the submissions<br \/>\nmade by learned counsel for the parties at the Bar.\n<\/p>\n<p>     The prosecution had citied PW-2 Ramesh Lal,<br \/>\nPW-4 Gurcharan Singh, PW-5 Subash Singh, PW-6<br \/>\nMst. Ravinder Kour, PW-7 Mst. Savita Sharma, PW-<br \/>\n8 Mst. Reeta Sharma and PW-9 Mst. Manjit Kour,<br \/>\nbesides PW-1 Rajinder Singh as eye witnesses to<br \/>\n<span class=\"hidden_text\">                             9<\/span><br \/>\nthe occurrence; but while appearing in the Court,<br \/>\nthese witnesses, barring PW-1 Rajinder Singh, had<br \/>\nrefused to identify the appellant and his co-accused<br \/>\nas the same Sikh boys who visited the school and<br \/>\nthe Principal on the day of the occurrence.<br \/>\n    Perusal of their statements, however, reveals<br \/>\nthat some facts disclosed by these witnesses, have<br \/>\nremained      unchallenged      during    their cross-<br \/>\nexamination. The facts so revealed, are as follows:-\n<\/p>\n<blockquote><p>     1. Mr. Kuldeep Kumar Badyal, the Principal and<br \/>\n        PW-1 Rajinder Singh, the Vice Principal of<br \/>\n        the Government Boys Higher Secondary<br \/>\n        School, Gandhi Nagar, Jammu, were present<br \/>\n        in the school on 03.02.1999 along with all the<br \/>\n        witnesses cited by the prosecution as eye<br \/>\n        witnesses to the occurrence.\n<\/p><\/blockquote>\n<blockquote><p>     2. Two Sikh boys were demanding issuance of<br \/>\n        a certificate for having completed practical<br \/>\n        from the Principal in his office Chamber.\n<\/p><\/blockquote>\n<blockquote><p>     3. One of the Sikh boy, having a Toka in his<br \/>\n        hand, was seen running from the school<br \/>\n        towards the road.\n<\/p><\/blockquote>\n<blockquote><p>     4. The Principal died in the hospital, of the<br \/>\n        injuries sustained in the chamber.<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                             10<\/span><\/p>\n<p>      In the background of the aforementioned facts,<br \/>\nthe statement of PW1-Rajinder Singh needs to be<br \/>\nexamined in detail.\n<\/p>\n<p>      PW1- Rajinder Singh, says in his statement that<br \/>\nhe was posted as Vice Principal of the Government<br \/>\nBoys Higher Secondary School Gandhi Nagar,<br \/>\nJammu on 3.2.1999, when at about 11 a.m. the<br \/>\nappellant and Deep Inder Singh, whom he identified<br \/>\nin the Court, had come to him           demanding a<br \/>\ncertificate regarding completion of the practical in<br \/>\nPhysics and Chemistry subjects, when he was<br \/>\ndelivering lecture in the class room, to which he<br \/>\nreplied that the application had been forwarded to<br \/>\nthe Board of School Education. They thereafter left<br \/>\nthe class but again appeared in the school at about<br \/>\n1.30 p.m. By that time the Principal of the school,<br \/>\ntoo, had reached his room. They informed the<br \/>\nPrincipal that according to the Board officials, he was<br \/>\ncompetent to issue the certificate and, accordingly,<br \/>\ndemanded the certificate from him. They were<br \/>\nvigorously thumping the table lying in the Principal&#8217;s<br \/>\n<span class=\"hidden_text\">                            11<\/span><br \/>\nroom. The Principal told them that let us ask the<br \/>\nBoard officials in this behalf and saying this the<br \/>\nPrincipal got up from his seat. The prosecution<br \/>\nwitnesses Subash Singh and Darshan Lal, too, were<br \/>\nin the Principal&#8217;s room at that time. The accused,<br \/>\nhowever, came arguing out of the Principal&#8217;s room.<br \/>\nTilak Raj and Subash Singh took them out of the<br \/>\nschool gate. In the meanwhile, Mrs. PW-Ravinder<br \/>\nKour, who had gone to the Bank to get salary, too<br \/>\ncame back informing that the appellant was having a<br \/>\nToka in his hand and that they should run away. The<br \/>\nappellant, however, in the meanwhile, appeared<br \/>\nthere and started arguing with the Principal. Being a<br \/>\ncancer patient he ran away and could not see<br \/>\nanything thereafter. He had, however, seen the<br \/>\nappellant lifting the weapon in his hand upwards.<br \/>\nGetting frightened, he bolted himself in a room in the<br \/>\nschool. He came out of the room only after about two<br \/>\nhours to see that the public was there to inform that<br \/>\nthe Principal had breathed his last in the hospital.\n<\/p>\n<p><span class=\"hidden_text\">                            12<\/span><\/p>\n<p>EXPW-RS\/1, written by him was thereafter lodged in<br \/>\nthe Police Station.\n<\/p>\n<p>     While under cross-examination, he says that<br \/>\nthe deliberations, which had taken place at 1.35 p.m,<br \/>\ncontinued for about 15\/20 minutes whereafter at<br \/>\nabout 2 p.m, PWs-Tilak Raj and Subash took the<br \/>\naccused out of the school gate. The Appellant<br \/>\nentered the school alone with the weapon at about<br \/>\n2.15 p.m. He had seen the occurrence for about 3\/4<br \/>\nminutes only. He came out of his room where he had<br \/>\nbolted himself only after one and a half hour to lodge<br \/>\nthe complaint that the Principal had died. He had<br \/>\ndrafted the complaint after about 10\/15 minutes of<br \/>\nhis coming out of the room. He would not know as to<br \/>\nhow much time PW-Madan Lal had taken to carry<br \/>\nthe complaint to the Police Station, which had been<br \/>\ngiven to him at 4 p.m. PW-Ravinder Kour was not<br \/>\npresent when the complaint had been drafted. He<br \/>\nhad been working in the school for the last two years<br \/>\nand during this period Harjeet Singh did not remain<br \/>\nhis student. He did not know Harjeet Singh<br \/>\n<span class=\"hidden_text\">                           13<\/span><br \/>\npersonally and had seen him for the first time on the<br \/>\nday of the occurrence and would not know his name<br \/>\nbefore that. He was unaware as to whether anyone<br \/>\npresent there revealed the appellant&#8217;s name to him<br \/>\nor was it someone from the public or a teacher of the<br \/>\nschool, who had revealed the appellant&#8217;s name.<br \/>\nAfter the occurrence he had seen the appellant for<br \/>\nthe first time in the Court. He however, saw the<br \/>\nphotographs of the appellant and Deep Inder Singh<br \/>\non the second day of the occurrence, when these<br \/>\nhad appeared in the news paper. No identification<br \/>\nparade, for the identification of the accused was<br \/>\nconducted. He had not indicated Toka as weapon of<br \/>\nthe offence in the FIR, which was, however,<br \/>\nindicated as a sharp edged weapon in the report.\n<\/p>\n<p>     Before dealing with the appellant&#8217;s counsel&#8217;s<br \/>\nsubmissions, reference to the statements of some<br \/>\nmore prosecution witnesses, which may be relevant<br \/>\nto deal with the submissions made at the Bar,<br \/>\nbecomes necessary.\n<\/p>\n<p><span class=\"hidden_text\">                                    14<\/span><\/p>\n<p>      PW-29 Dr. Anayatullah Shiekh, on conducting<br \/>\nthe autopsy had found the following injuries on the<br \/>\nperson of Kuldeep Kumar Badyal. These read as<br \/>\nunder:-\n<\/p>\n<blockquote><p>        1. Incised chopped wound from left angle of mouth to<br \/>\n            the angle of mandible on left side 11 c.m. x 1 c.m.<br \/>\n            and deep into the oral cavity, cutting soft tissues left<br \/>\n            upper and central incisors. The fractured remnants of<br \/>\n            the teeth as produced by the I.O. were corroborated<br \/>\n            with the body-injury and found to have been<br \/>\n            separated from the deceased.\n<\/p><\/blockquote>\n<blockquote><p>        2. Incised chopped wound on left lateral aspect of<br \/>\n            scalp, cutting of the posterior third of external ear 11<br \/>\n            c.m. x 1 c.m., cutting the underlined bones and brain<br \/>\n            substance. It was deep interiorly.\n<\/p><\/blockquote>\n<blockquote><p>        3. Incised chopped wound on the right lateral side of<br \/>\n            occipital region. The flap was directed towards the<br \/>\n            nape of neck of 8 c.m. x 7 c.m. The underlying bone<br \/>\n            was fractured.\n<\/p><\/blockquote>\n<blockquote><p>        4. Incised chopped wound on the right arm and fore-\n<\/p><\/blockquote>\n<blockquote><p>            arm on lateral aspects across the elbow 24 c.m. x 3<br \/>\n            c.m. underlying bones cut and fractured into multiple<br \/>\n            pieces.\n<\/p><\/blockquote>\n<\/blockquote>\n<blockquote><p>        5. Incised wound on the right wrist on the lateral aspect<br \/>\n            5 c.m. x 3 c.m. underlying muscles tendence and<br \/>\n            blood vessels were cut.\n<\/p><\/blockquote>\n<blockquote><p>        6. Incised wound on the right wrist 5 c.m. x 3 c.m., 3<br \/>\n            c.m. above the injury No.5. The soft tissue and bones<br \/>\n            were cut underneath.\n<\/p><\/blockquote>\n<blockquote><p>        7. Incised wound 3 cm. x 2 cm. on front of the left elbow<br \/>\n            3 c.m. x 2 c.m.\n<\/p><\/blockquote>\n<blockquote><p>        8. An incised chopped wound on the left elbow on the<br \/>\n            lateral aspect 3cm x 2 cm.\n<\/p><\/blockquote>\n<blockquote><p>        9. An incised wound on the left side of the chest in the<br \/>\n            posterior axillaries 3cm x 1cm into muscle deep.\n<\/p><\/blockquote>\n<blockquote><p>        10. Contusions on the left ankle on the posterior aspect.<\/p><\/blockquote>\n<p>      According to Dr. Anayatullah Shiekh, the cause<br \/>\nof the Principal&#8217;s death was hemorrhage and shock<br \/>\nas a result of the multiple injuries caused by a sharp<br \/>\ncutting weapon. The time since death, according to<br \/>\n<span class=\"hidden_text\">                              15<\/span><br \/>\nhim, was about one hour. The Post Mortem Report,<br \/>\nEXPW-AS,          and   the    certificate  EXPW-AS-1<br \/>\nindicating that the Toka produced before him by the<br \/>\npolice could possibly cause the injuries found on the<br \/>\nperson of the deceased, were admitted to have been<br \/>\nissued by him.\n<\/p>\n<p>      PW-27, H.C.Bhagat, Scientific Officer, Forensic<br \/>\nScience Laboratory Jammu, testifies to have issued<br \/>\nEXPW-KKP,       his   report,    after   conducting the<br \/>\nchemical and morphological examination of the<br \/>\narticles which he had received in the Laboratory on<br \/>\n8.2.1999 from the Sub Divisional Police Officer, City<br \/>\nSouth, Jammu, which, pursuant to his examination,<br \/>\nhad indicated presence of human blood of AB group<br \/>\non, (1) Exhibit K-416\/99, the Toka with wooden<br \/>\nhandle, seized in the case, (2) Exhibits K-425\/99<br \/>\nand K-426\/99, the cream coloured shirt and blue<br \/>\ncoloured pant of the appellant, and (4) Exhibit K-<br \/>\n436\/99, the blood of the deceased.\n<\/p>\n<p>      PW-39,    Yashpal    Bakshi      has  proved  the<br \/>\nDisclosure Statement made by the accused to him,<br \/>\n<span class=\"hidden_text\">                             16<\/span><br \/>\nthe recovery of the weapon of offence, the seizure of<br \/>\nthe clothes of the appellant, the site plan, the seizure<br \/>\nof the parts of the body of the deceased, i.e., a piece<br \/>\nof the ear and a tooth, from the place of occurrence<br \/>\nbesides the documents which were prepared by him<br \/>\nduring investigation of the case. According to him<br \/>\nthere was no need to hold the Test Identification<br \/>\nParade because the employees of the school and<br \/>\nothers would know the accused. Appellant, Harjeet<br \/>\nSingh had made disclosure about the weapon of<br \/>\noffence when, after arrest, he was being carried in a<br \/>\nvehicle to the Police Station.\n<\/p>\n<p>      Perusal of the statement of PW-1, Rajinder<br \/>\nSingh, reveals, that his testimony to the facts<br \/>\nappearing hereunder, has remained un-challenged<br \/>\nduring his cross-examination. These facts are as<br \/>\nfollows:-\n<\/p>\n<blockquote><p>            1. Appellant Harjeet Singh along with the<br \/>\n               co-accused came to the school firstly<br \/>\n               at about 11.a.m, when they had met<br \/>\n               him in a class room of the Government<br \/>\n               Boys    Higher    Secondary       School,<br \/>\n<span class=\"hidden_text\">                              17<\/span><br \/>\n               Gandhi Nagar, Jammu where he was<br \/>\n               delivering lecture to the students, and<br \/>\n               for the second time at about 1.35 p.m<br \/>\n               in the Principal&#8217;s room. Third time, it<br \/>\n               was appellant Harjeet Singh alone,<br \/>\n               who came to the Principal&#8217;s room at<br \/>\n               about 2 p.m with a Toka in his hand.<br \/>\n               He had seen him lifting the Toka<br \/>\n               upwards whereafter he got frightened<br \/>\n               and ran away therefrom to bolt himself<br \/>\n               in a room.<\/p><\/blockquote>\n<p>      The sequence of the events, given by all those<br \/>\nprosecution witnesses, who were cited as eye<br \/>\nwitnesses to the occurrence, but have refused to<br \/>\nidentify the appellant in the court as the same person<br \/>\nwho had attacked the Principal, are the facts<br \/>\nindicating the occasions, cause and the effect of the<br \/>\nrelevant facts necessary to determine as to whether<br \/>\nor not it was the appellant who had attacked the<br \/>\nPrincipal of the School on 3.2.1999 with a Toka, as a<br \/>\nresult whereof he succumbed to the injuries received<br \/>\nin the incident.\n<\/p>\n<p>      The statement of these witnesses corroborate<br \/>\nthe version of the incident as narrated by PW 1-\n<\/p>\n<p><span class=\"hidden_text\">                             18<\/span><\/p>\n<p>Rajidner Singh, both in his statement in the Court as<br \/>\nalso in his written report to the police, on the day of<br \/>\nthe    occurrence,    barring,  however,    appellant&#8217;s<br \/>\nidentification as the same person who had attacked<br \/>\nthe Principal on the day of occurrence.\n<\/p>\n<p>            It is no doubt true that none of the<br \/>\nprosecution witnesses have deposed to their having<br \/>\nactually seen the appellant hitting the deceased with<br \/>\na Toka on the day of occurrence, yet the sequence<br \/>\nof events narrated by these witnesses, rule out<br \/>\ncompletely the possibility of some one else&#8217;s, other<br \/>\nthan the appellant, attacking the deceased.\n<\/p>\n<p>      The appellants&#8217; act of having lifted the Toka to<br \/>\nattack the Principal, having been witnessed by PW-1<br \/>\nRajinder Singh, the running of a Sikh boy from the<br \/>\nschool with a Toka in his hand, and the teachers and<br \/>\nother employees, present in the school at that time,<br \/>\nfinding the Principal in an injured condition having<br \/>\nreceived injuries with sharp edged weapon, after the<br \/>\nexit of the Sikh boy from the school with a Toka in<br \/>\nhis hand, lead to the only conclusion that it was the<br \/>\n<span class=\"hidden_text\">                           19<\/span><br \/>\nappellant and the appellant alone, who was the<br \/>\nauthor of the injuries found on the person of the<br \/>\ndeceased.\n<\/p>\n<p>      According to PW 1 Rajinder Singh, the only<br \/>\nperson who was LAST SEEN in the Principal&#8217;s room<br \/>\nwas the appellant with a Toka in his raised hand to<br \/>\nattack the Principal. The Principal was immediately<br \/>\nthereafter found having injuries with sharp edged<br \/>\nweapon in the school by all those who were present<br \/>\nthere. These circumstances, taken together, amply<br \/>\ndemonstrate that it was the appellant and appellant<br \/>\nalone, who had injured the deceased with the Toka<br \/>\nin his hand and none else.\n<\/p>\n<p>      The first plea of the appellant&#8217;s learned<br \/>\ncounsel, that the prosecution had failed to lead<br \/>\nevidence that the appellant had hit the deceased at<br \/>\nhis office with a Toka, cannot, thus, be sustained<br \/>\nbecause the course of events narrated by the<br \/>\nprosecution witnesses and the appellant having<br \/>\nbeen seen last with the Principal with an attacking<br \/>\nmood and having a Toka in his hand, immediately<br \/>\n<span class=\"hidden_text\">                             20<\/span><br \/>\nwhereafter the Principal was found having injuries<br \/>\nwith sharp edged weapon, proved beyond any<br \/>\nreasonable shadow of doubt that it was the appellant<br \/>\nand none else who was responsible for causing the<br \/>\ninjuries on the person of the Principal.\n<\/p>\n<p>      The second ground of the attack to the<br \/>\nimpugned judgment and order in question, too, is<br \/>\nfound to be without any substance, in that, PW-1<br \/>\nRajinder Singh&#8217;s statement is found worthy of<br \/>\ncredence and his presence on spot at the time of<br \/>\noccurrence has been duly proved by the prosecution<br \/>\nfrom the statement of all the eye witnesses who<br \/>\nhave, in unambiguous terms, stated         about his<br \/>\npresence in the school on the day of the occurrence.\n<\/p>\n<p>      Coming to the third submission of appellant&#8217;s<br \/>\nlearned counsel, it is found that the attesting<br \/>\nwitnesses to the Disclosure statement have not<br \/>\nsupported the making of the statement by the<br \/>\nappellant, as indicated in EXPW\/VP and the<br \/>\nrecovery of Toka at the instance of the appellant,<br \/>\npursuant to the making of the Disclosure statement,<br \/>\n<span class=\"hidden_text\">                            21<\/span><br \/>\nyet the factum of appellant&#8217;s having made the<br \/>\nDisclosure statement and got the weapon of offence<br \/>\nrecovered from a place which he alone knew, is<br \/>\nproved by the Investigating Police Officer, who had<br \/>\ndrawn the Disclosure Statement and the Seizure<br \/>\nMemo. The trend of the cross-examination of the<br \/>\nInvestigating Police Officer indicates that he has not<br \/>\nbeen questioned by the appellant as to appellant&#8217;s<br \/>\nmaking the Disclosure Statement and recovery of<br \/>\nthe weapon of offence pursuant thereto. We do not<br \/>\nfind any material in the cross-examination of the<br \/>\ninvestigating Police Officer to discredit him on the<br \/>\nquestion of appellant&#8217;s having made disclosure to<br \/>\nhim and his recovering the weapon of offence<br \/>\npursuant thereto.\n<\/p>\n<p>     Merely because PW-39 is a Police Officer,<br \/>\nwould not render his statement suspicious, as<br \/>\nsought to be projected by the appellant&#8217;s learned<br \/>\ncounsel, in that, a Police Officer too is a competent<br \/>\nwitness and his statement cannot be brushed aside<br \/>\nmerely because he is a Police Officer entrusted with<br \/>\n<span class=\"hidden_text\">                             22<\/span><br \/>\nthe duty to investigate the crime, UNLESS proved to<br \/>\nbe otherwise unacceptable for one or the other<br \/>\nreasons. The status of a witness as a police officer<br \/>\nwould not, of itself, affect the acceptance of his<br \/>\nstatement because the law in force does not<br \/>\ncontemplate any distinction in the statement of a<br \/>\npolice officer or for that matter of a civilian. It is only<br \/>\na rule of caution that while appreciating the<br \/>\nstatements of the Police Officers, investigating a<br \/>\ncrime, that the courts have to be careful in accepting<br \/>\nthe statement, as is required to be done in case of<br \/>\ninterested witnesses.\n<\/p>\n<p>      After going through the statement of the<br \/>\nInvestigating Police Officer, we have not been able<br \/>\nto find any such material therein, on the basis<br \/>\nwhereof the making of Disclosure Statement by the<br \/>\nappellant and seizure of the weapon of offence at his<br \/>\ninstance be doubted. The third submission made by<br \/>\nappellant&#8217;s learned counsel, too therefore, fails and<br \/>\nis accordingly rejected.\n<\/p>\n<p><span class=\"hidden_text\">                              23<\/span><\/p>\n<p>      We do not find merit in even the fourth<br \/>\nsubmission of appellant&#8217;s learned counsel, in that, no<br \/>\nTest Identification Parade was required to be<br \/>\nconducted for the identification of the appellant, as<br \/>\nPW-1 Rajinder Singh had seen the appellant in the<br \/>\nbroad day light, not only once but thrice on the day<br \/>\nof the occurrence in the school and had further<br \/>\nidentified him when his photograph appeared in the<br \/>\nNewspaper on the second day of the occurrence.<br \/>\nThe capacity of the witness to identify the appellant<br \/>\nas the same person who was seen by him with a<br \/>\nToka in his hand in the Principal&#8217;s room, having not<br \/>\nbeen questioned in the cross-examination, we do not<br \/>\nfind any difficulty in accepting his statement, holding<br \/>\nthat there was no need to carry out any Test<br \/>\nIdentification Parade in the case as the appellant<br \/>\nstood properly identified by PW-1 Rajinder Singh, as<br \/>\nthe same person who had come to the school, met<br \/>\nhim when he was delivering lecture in the class room<br \/>\nand     was possessing a Toka in his hand while<br \/>\n<span class=\"hidden_text\">                              24<\/span><br \/>\narguing with the Principal in his office chamber, on<br \/>\nthe day of the occurrence.\n<\/p>\n<p>      Coming to the last submission of the appellant&#8217;s<br \/>\ncounsel, although we find that the police has anti-<br \/>\ntimed the FIR reflecting it to have been lodged at 2<br \/>\np.m., when it is stated to have reached the Police<br \/>\nStation after 4 p.m., but that, by itself would not, in<br \/>\nour opinion, affect, in any way, the veracity of the<br \/>\nprosecution case because of the unnecessary anti-<br \/>\ntiming of the FIR by the over zealousness of the<br \/>\nofficer, in indicating the FIR to have been made at 2<br \/>\np.m., rather than at 4 p.m. to demonstrate its prompt<br \/>\nlodging, avoiding criticism which the police officers<br \/>\nusually face for omitting to lodge police reports with<br \/>\npromptitude.\n<\/p>\n<p>      Even     otherwise,   there  is  no  reason    to<br \/>\ndisbelieve the prosecution story, as indicated in the<br \/>\nFIR, for, what we find from the records, is, that the<br \/>\nSpecial Report under Section 157 Cr. P. C., in the<br \/>\ncase, had reached the Chief Judicial Magistrate,<br \/>\n<span class=\"hidden_text\">                            25<\/span><br \/>\nJammu, on the second day of the occurrence, i.e.,<br \/>\n04.02.1999, without any loss of time.\n<\/p>\n<p>     The motive of the appellant to kill the Principal,<br \/>\nfor   the  latter&#8217;s  refusal   to  issue     certificate<br \/>\ndemonstrating completion of practical in Physics and<br \/>\nChemistry for the 12th Class by the appellant&#8217;s co-<br \/>\naccused, Deep Inder Singh, too stands proved from<br \/>\nthe statements of the cited eye witnesses and PW-1<br \/>\nRajinder Singh.\n<\/p>\n<p>     That apart, the appellant has not tendered any<br \/>\nexplanation about the presence of the blood on the<br \/>\nclothes which he was wearing at the time of his<br \/>\narrest and which were found smeared with blood, of<br \/>\nthe group of the deceased as proved by PW-27,<br \/>\nH.C. Bhagat by his Report EXPW-KKP.\n<\/p>\n<p>     Another piece of evidence produced by the<br \/>\nprosecution in the case, indicating the blood of the<br \/>\nsame group as that of the deceased, on the Toka<br \/>\nrecovered at the instance of the appellant, pursuant<br \/>\nto his Disclosure Statement, has remained un-<br \/>\nexplained by the appellant.\n<\/p>\n<p><span class=\"hidden_text\">                           26<\/span><\/p>\n<p>     In view of the above discussion, we are of the<br \/>\nview that the prosecution has successfully proved its<br \/>\ncase from the statement of its witnesses and the<br \/>\nmaterial placed on the records, proving that it was<br \/>\nthe appellant, and none else, who had struck the<br \/>\ndeceased Principal at his office chamber on<br \/>\n03.02.1999 at about 2 p.m., as a result whereof, he<br \/>\nsuccumbed to the injuries, which he had received at<br \/>\nthe hands of the appellant with a Toka seized in the<br \/>\ncase, which according to PW-29 Dr. Anayatullah<br \/>\nSheikh, could have caused the injuries found on the<br \/>\nperson of the deceased.\n<\/p>\n<p>     Finding no sustainable reason or ground to dis-<br \/>\nbelieve the statement of PW-1 Rajinder Singh, which<br \/>\nfinds support and corroboration from the statements<br \/>\nof other prosecution witnesses, and the material<br \/>\nplaced on the records, we uphold the findings and<br \/>\nthe conviction recorded by the trial court against the<br \/>\nappellant.\n<\/p>\n<p>     Accordingly, confirming the sentence proposed<br \/>\nby the trial court and allowing the Confirmation<br \/>\n<span class=\"hidden_text\">                            27<\/span><br \/>\nReference, we would dismiss the appellant&#8217;s appeal,<br \/>\ndirecting the Registrar Judicial to send a copy of this<br \/>\njudgment, under the seal of the Court, to the trial<br \/>\ncourt.\n<\/p>\n<p>             (J. P. Singh)   ( Hakim Imtiyaz Hussain)<br \/>\n                    Judge                    Judge<br \/>\nJAMMU:\n<\/p>\n<p>24.08 .2009<br \/>\nTilak, Secy.\n<\/p>\n<p><span class=\"hidden_text\">28<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Jammu High Court Harjeet Singh vs State on 24 August, 2009 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. Cr Appeal No. 11 OF 2008 AND Conf No. 4 OF 2008 1. Harjeet Singh 2. State Petitioners 1. State 2. Harjeet Singh and anr Respondent !Mr. Sunil Sethi, Sr. Advocate with Ms. Veenu Gupta, Advocate [&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":[8,17],"tags":[],"class_list":["post-78810","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jammu-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Harjeet Singh vs State on 24 August, 2009 - 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\/harjeet-singh-vs-state-on-24-august-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Harjeet Singh vs State on 24 August, 2009 - Free Judgements of Supreme Court &amp; 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