Supreme Court - Daily Orders
Waryam Singh vs The State Of Punjab on 15 March, 2023
Bench: Abhay S. Oka, Rajesh Bindal
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1019 OF 2011
WARYAM SINGH Appellant(s)
VERSUS
STATE OF PUNJAB Respondent(s)
ORDER
Heard the learned counsel appearing for the appellant and the learned counsel representing the respondent-State.
This is an appeal preferred by the accused no.2. He has been convicted for the offences punishable under Section 302 as well as Section 324 with the aid of Section 34 of the the Indian Penal Code, 1860 (“IPC” for short).
The accused no.1 was convicted simplicitor for the offence punishable under Sections 302 and 324 of IPC. We are informed across the Bar that the accused no.1 has died.
It is an admitted position that except for his presence Signature Not Verified Digitally signed by Indu Marwah Date: 2023.03.17 16:17:05 IST at the place of offence, no overt act has been attributed by Reason:
the prosecution to the present appellant. 2 As per the prosecution case, on 19.11.1995, at about 7.00 p.m., the present appellant while under influence of liquor allegedly misbehaved in front of the house of PW4-Balkar Singh and his brother Jagtar Singh. On the same day at about 10.30 p.m., PW4- Balkar Singh alongwith his brother Jagtar Singh were returning to their house after watering their fields. The case of the prosecution is that when both of them reached near the tubewell of one Pal Singh, the accused came out from their house. Accused no.1 Nishan Singh was armed with a spear and the present appellant was empty handed. The present appellant informed the accused no.1 Nishan Singh that PW-4 and Jagtar Singh had abused him. The accused no.1 gave a blow of spear on left side of the chest of the Jagtar Sing (the deceased). While PW-4 attempted to save his brother, the accused no.1 assaulted him with the same weapon above his left eye.
After having perused the findings recorded by the Sessions Court as well as the High Court, we find that there is no finding recorded at all regarding the presence of the common intention on the part of both the accused which was a condition precedent for invoking Section 34 of IPC. In fact, PW-4 is the only eye-witness and injured witness who in his cross examination stated that after accused No.1 attacked his 3 brother, he tried to save his brother. According to him, at that stage, the appellant did not intervene. Going by the prosecution case, at highest, it can be said that the presence of the present appellant has been proved at the time of incident.
In the absence of any finding based on evidence regarding applicability of Section 34 of IPC, the appellant could not have been convicted for the offences under Section 302 and 324 of IPC with the aid of Section 34 of IPC.
We may note here that the appellant has already undergone incarceration for a period of about 8 years and 6 months. Hence, the Courts below have committed error by convicting the appellant by the aid of Section 34 of IPC. Accordingly, we set aside the conviction and sentence of the appellant and to that extent, both the impugned judgments. The appeal is accordingly allowed in above terms.
..……………………J. [Abhay S. Oka] ..……………………J. [Rajesh Bindal] New Delhi 15.03.2023 4 ITEM NO.102 COURT NO.16 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1019/2011 WARYAM SINGH Appellant(s) VERSUS THE STATE OF PUNJAB Respondent(s) Date : 15-03-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Appellant(s) Mr. Dinesh Verma, Adv.
Mr. Rajat Sharma,Adv.
Mr. Subhasish Bhowmick, AOR For Respondent(s) Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv.
Mr. Rishabh Sharma, Adv.
Mr. Rohit Kaliyar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending applications, if any, also stand disposed of.
(INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER(NSH)
(signed order is placed on the file)