Punjab-Haryana High Court
Tarsem Singh @ Babbu And Others vs State Of Punjab on 22 September, 2008
Author: K.S.Garewal
Bench: K.S. Garewal, Jitendra Chauhan
Crl. Appeal No. 606 DB of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 606 DB of 2000
Date of decision: September 22, 2008
Tarsem Singh @ Babbu and others ...Appellants
Versus
State of Punjab ...Respondent
CORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL
HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. K.L. Chaudhary, Advocate with
Ms. Amandeep Sibia, for the appellants.
Ms. Gurveen Singh, Additional Advocate General, Punjab.
K.S.GAREWAL, J.
Tarsem Singh @ Babbu, Sarabjeet Singh @ Gurbinder Singh @ Goldi and Harjit Singh @ Ranjit Singh @ Madhu were tried by the learned Sessions Judge, Amritsar, for the murder of Bohar Singh of their village. Harjit Singh @ Ranjit Singh @ Madhu was convicted under Section 302 IPC while Tarsem Singh and Sarabjeet Singh were convicted under Section 302 read with Section 34 IPC, vide judgment dated October 20,2000.
A joint appeal was filed by the three convicts through jail which was registered as Crl. Appeal 606 DB of 2000 and was admitted on December 14, 2000. Nevertheless, Tarsem Singh and Sarabjit Singh filed Crl. Appeal No. 606 DB of 2000 2 separate appeal Crl. Appeal 14 DB of 2001 which was admitted on January 19, 2001. Harjit Singh @ Madhu filed Crl. Appeal 617 DB of 2001, which was admitted on November 9, 2001.
As all the three appeals are, in a sense is common appeals, we shall only decide the first appeal filed by the appellants Crl. Appeal 606 DB of 2000. The other two appeals are infructuous.
Brief facts of the case are that on June 16, 1998, at Gandiwind, Police Station Sarai Aant Khan, District Amritsar, Gurdev Singh @ Gebu (PW-3) was accosted by five men, the three appellants and the two acquitted accused Amrik Singh and Hira Singh.
Dilbagh Singh, the first informer in this case, saw the five men beating Gurdev Singh @ Gebu. When Dilbagh Singh's brother Bohar Singh and Amrik Singh-II came to the scene, they checked the accused from causing injuries to Gurdev Singh. It was then that Sarabjeet Singh caught hold of Bohar Singh from the hair, Amrik Singh threw a gauntlet and Harjit Singh stabbed Bohar Singh in the waist and chest. At this time, Tarsem Singh was holding Bohar Singh by the arm. Bohar Singh fell down and died. At the time of occurrence, Tarsem Singh, Harjit Singh were armed with dangs while Sarabjeet Singh was empty handed. The two acquitted accused Amrik Singh and Hira Singh were armed with dang and a motor- cycle chain, respectively.
According to the prosecution, the accused would tease the young girls of the Mohalla to which Gurdev Singh and Bohar Singh had objected. Apparently, this was not liked by the accused and they had beaten to Gurdev Singh. Bohar Singh had not been the object of their attack, he was merely an intervener who tried to save Gurdev Singh but he himself Crl. Appeal No. 606 DB of 2000 3 became the victim of stabbing by Harjit Singh @ Madhu.
The case was reported to the police by Dilbagh Singh (PW-2) whose statement was recorded at 9.45 PM by Inspector Suba Singh at Police Station Sarai Amant Khan, at the turning of Cheema Khurd. The statement reached the Police Station and on that basis FIR was registered at 9.55 PM under Section 302, 148, 149 IPC. Special report of the case was delivered to the Magistrate by 1.30 AM on June 16, 1998.
The dead body of Bohar Singh had been subjected to inquest, whereafter it was sent for post-mortem which was conducted by Dr. Gurmanjit Rai (PW-1) on June 17, 1996 at 11. 20 AM at Medical College, Amritsar. The Medical Officer found the following injuries on the person of the deceased:-
"1. Incised stab wound 2 x 1 cm. On front of left side of chest 4 cm. lateral to nippleat 3'0 Clock position clotted blood was present.
2. Incised stab wound 2 x 1 cm. On left side of chest 10 cm. below tip of axilla on posterior axillary line. Clotted blood present.
3. Incised stab wound 1 x 0.5 cm on front of left side of chest 15 cm. below injury No.1. It was muscle deep. Clotted blood present.
On dissection of injuries Nos. 1 and 2 chest wall left, pleura, left lung were found having two stabs injuries in its upper lob, pericardium and left ventrical of heart was found having stab injury extending into the cavity. Left pleural cavity was Crl. Appeal No. 606 DB of 2000 4 found having about 1550 cc of fluid blood.
5. Incised stab wound 4 x 2 cm. On the back of left side of trunk 17 cms from amblicus and 7 cm. above anterior superior iliac spine. Clotted blood was present at 4 0'Clock position. It was muscle deep."
In the opinion of the Medical Officer, the cause of death was due to haemorrhage and shock as a result of injuries 1 and 2 which were to left lung and heart and the time lapsed between injury and death was immediate and between death and post-mortem was between 12 to 24 hours.
The spot was inspected by Inspector Suba Singh (PW-6). Blood stained earth was picked up, site plan was prepared. A blood stained parna was also picked up and taken into possession. Tarsem Singh, Sarabjit Singh and the acquitted accused Amrik Singh were arrested on June 23, 1998. Two dangs were recovered from the possession of Amrik Singh on the basis of his disclosure statement. Harjit Singh @ Madhu and the acquitted accused Hira Singh were arrested on June 26, 1998. A knife was recovered from possession of Harjit Singh @ Madhu and a motor-cycle chain from the possession of Hira Singh. Both recoveries had been made on the basis of their respective disclosure statements.
After completion of the investigation, the accused were sent up for trial. At the trial, charges were framed against the accused under Sections 302, 302/149 IPC to which accused pleaded not guilty and claimed trial.
At the trial, the main witnesses examined by the prosecution were Dr. Gurmanjit Rai (PW-1), Dilbagh Singh (PW-2), Gurdev Singh (PW-
3), and Inspector Suba Singh (PW-6).
Crl. Appeal No. 606 DB of 2000 5
After the conclusion of the trial, the accused were examined without oath under Section 313 Cr.P.C. They denied the various items of incriminating evidence led by the prosecution and pleaded innocence. When called upon to enter defence, they did not examine any witness.
The learned Sessions Judge found guilty Tarsem Singh @ Babbu, Sarabjeet Singh @ Goldi and Harjit Singh @ Madhu for the murder of Bohar Singh. Harjit Singh was found guilty of the substantive offence under Section 302 IPC while the other two accused were found guilty under Section 302 read with Section 34 IPC.
We have gone through the record of the case with the help of the learned counsel and find that Gurdev Singh (PW-3) is the main witness of the occurrence. It was Gurdev Singh who was beaten up by the accused, who were five in number. Three of the accused were carrying dangs and one a motor-cycle chain. The fifth was empty handed. While Gurdev Singh was being beaten up, Dilbagh Singh (PW-2) and Bohar Singh deceased arrived at the spot. Suddenly, the accused diverted their attack to Bohar Singh. According to the prosecution, Bohar Singh was caught hold of the hair by Sarabjeet Singh and by the arms by Tarsem Singh. According to Dilbagh Singh's statement in FIR exhibit PB, Amrik Singh had raised a lalkara to Harjit Singh @ Madhu exhorting him to take out his knife and kill Bohar Singh to teach him a lesson for helping Debu. This part of the statement in FIR has not been repeated by Dilbagh Singh in Court, although Dilbagh Singh does say that Bohar Singh was caught hold by Sarabjeet Singh from his hair and arms by Tarsem Singh. There is no exhortation from any one to Harjit Singh @ Madhu to kill Bohar Singh.
However, Gurdev Singh does testify that Amrik Singh had Crl. Appeal No. 606 DB of 2000 6 stated that a knife blow be given, after Sarabjeet Singh had caught hold Bohar Singh by the hair and Tarsem Singh by the arms. We feel that the solitary statement of Gurdev Singh that Amrik Singh had exhorted Harjeet Singh to stab Bohar Singh appears to be an exaggeration if not a contradiction. Dilbagh Singh does not say any exhortation was given. The prosecution case appears to be that five persons including the three convicted accused had been beating Gurdev Singh and when Bohar Singh intervened to rescue him he was stabbed by Harjit Singh. We are unable to uphold the conviction of Tarsem Singh @ Babbu and Sarabjeet @ Goldi for sharing common intention with Harjit Singh for the murder of the deceased. The three convicted accused and the two acquitted accused had no doubt acted in unison in beating up Gurdev Singh. At that time Bohar Singh was no where in sight. The object of the unlawful assembly was to beat Gurdev Singh. It was not their object to murder Bohar Singh.
Therefore, we are unable to accept that Tarsem Singh @ Babbu and Sarabjeet Singh @ Goldi shared common intention with Harjit Singh @ Madhu to commit murder of Bohar Singh. However, the other part of the prosecution evidence, the eye witness account, the promptness with which the matter was reported to the police, the medical evidence lend credence to the fact that Bohar Singh had indeed been stabbed to death by Harjit Singh @ Madhu in the presence of Dilbagh Singh (PW-2) and Gurdev Singh (PW-3). The evidence of both the eye witnesses is acceptable but it is not sufficient to hold that Tarsem Singh @ Babbu and Sarabjeet Singh @ Goldi had shared common intention with Harjit Singh @ Madhu for committing murder of Bohar Singh. It was an individual act of Harjit Singh @ Madhu. The cases of Tarsem Singh @ Babbu and Sarabjeet Singh @ Crl. Appeal No. 606 DB of 2000 7 Goldi were not much different from the case of Amrik Singh and Hira Singh, who were acquitted by the learned Trial court.
Resultantly, the appeal filed by Tarsem Singh @ Babbu and Sarabjeet Singh @ Goldi are allowed and they are acquitted of the charge. The accused are on bail. Their bail bond stands discharged. However, appeal of Harjit Singh @ Madhu is dismissed and his conviction under Section 302 IPC is hereby confirmed. Life sentence and sentence of fine awarded to him by the learned Trial Judge is also confirmed. If Harjit Singh @ Madhu is on bail, he shall be taken into custody forthwith to undergo remaining portion of the sentence.
Criminal Appeal Nos. 14 DB and 617 DB of 2001 are disposed of as infructuous.
(K.S. GAREWAL)
JUDGE
22.9.2008 (JITENDRA CHAUHAN)
prem JUDGE
Whether refer to a Reporter No