Punjab-Haryana High Court
Balbir Singh vs State Of Haryana on 23 May, 2011
Author: Hemant Gupta
Bench: Hemant Gupta, A.N.Jindal
Crl. Appeal No.724-DB of 2002 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: May 23, 2011
Crl. Appeal No.724-DB of 2002
Balbir Singh ...Appellant
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N.JINDAL
1. Whether Reporters of local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. N.K.Sanghi, Advocate, with
M/s Kishan Singh and S.K.Biriwal, Advocates,
for the appellant.
Ms. Shubhra Singh, DAG, Haryana,
for the respondent-State.
HEMANT GUPTA, J.
The present appeal is by Balbir Singh against the judgment of conviction dated 29.08.2002 and order of sentence dated 03.09.2002 passed by the learned Sessions Judge, Sirsa, convicting and sentencing the appellant for life imprisonment for the offence punishable under Section 302 and to pay a fine of Rs.24,000/-. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for a period of one year. The appellant was also convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 27 of the Arms Act, 1959 and to pay a fine of Rs.1000/-. In default of payment of fine, Crl. Appeal No.724-DB of 2002 2 the appellant was directed to undergo further rigorous imprisonment for a period of one month.
The prosecution case was set in motion consequent to statement Ex.PJ of Balwinder Singh made to SI Dharamvir Singh on 16.12.1999 at about 1.35 am. Balwinder Singh in his statement stated that he and one Jagir Singh son of Surjan Singh (deceased), are employed as Palledars in Food Corporation of India, Sirsa. On 15.12.1999, after performing their duties upto 7.30 pm and taking meals at Quality Hotel, Sirsa, they reached Shiv Chowk, Sirsa at about 10.00 pm, where Sukhdev Singh son of Chanan Singh (deceased) came and met them in his Ambassador car bearing registration No.HIK-271. He stated that after conversation, when they were about to depart, Jeet Singh son of Puran Singh arrived there on a rickshaw and they started talking to him. At that time, Balbir Singh Saini resident of Fatehabad town (presently residing at band Gate, Sirsa), who was known to them previously, arrived at the spot. On arrival, Balbir Singh immediately started hurling filthy abuses to Sukhdev Singh, as a result of Sukhdev Singh felt annoyed and both of them grappled with each other. At that time, 3/4 accomplices of Balbir Singh Saini also reached there. Thereafter, on our intervention, Balbir Singh along with his companions left. Sukhdev Singh and Jagir Singh sat in the car. When Sukhdev Singh was about to start car at about 10.30 pm, then Balbir Singh Saini armed with his .12 bore single barrel gun arrived and while exhorting fired a shot at Sukhdev Singh, which hit on his neck. Jagir Singh, who was sitting on the rear seat of the car, tried to intervene, then Balbir Singh fired another shot from his gun at Jagir Singh, which hit him on his abdomen. He and his 3/4 accomplices ran away when Crl. Appeal No.724-DB of 2002 3 alarm was raised. He further stated that the motive for occurrence is that previously Balbir Singh Saini was a supporter of their President, Jeet Singh and now he is in the group of Jagga Singh, President. A dispute of Palledari union is going on and a case has already been registered in this regard. He further stated that Sukhdev Singh succumbed to the firm arm injury at the spot, whereas Jagir Singh breathed his last at General Hospital, Sirsa, where he was brought for treatment. He further stated that he can identify the persons accompanying on their appearance. After making endorsement (Ex.PJ/1) on such statement, SI Dharamvir Singh sent the same for registration of a case, on the basis of which, FIR (Ex.PJ/2) was registered by Inspector Ram Dhan on 16.12.1999 at about 1.55 am.
After recording the FIR, Inspector Ram Dhan reached Civil Hospital, Sirsa and had taken over the investigations of this case from SI Dharamvir Singh. As it was late night, Inspector Ram Dhan deputed two Constables each at Civil Hospital, to guard the dead bodies and place of occurrence. On the same day i.e. 16.12.1999, he sent the dead bodies of Sukhdev Singh and Jagir Singh for post-mortem examination, which was conducted by Dr. J.P.Bishnoi and Dr. S.L.Aggarwal respectively. Thereafter, Inspector Ram Dhan inspected the spot on 16.12.1999 at about 3.00 pm and prepared rough site plan (Ex.PS) of the place of occurrence and also taken into possession two empty cartridges lying near the car after converting into sealed parcel. He also taken into possession one pair of shoes, lohi, pillow cover from the car and cut the blood smeared portion of the seat. He also took into possession the car along with its registration certificate. Crl. Appeal No.724-DB of 2002 4
On 15.03.2000, Balbir Singh was arrested from his house by Inspector/SHO Chander Singh, P.S.City Sirsa on the information of Krishan and Jaibir Singh. On interrogation, the accused handed over his licensed gun, seven live cartridges, one bag and a license. Gun and the other articles belonged to the deceased were sent to the Forensic Science Laboratory. As per report Ex.PL of the Forensic Science Laboratory, origin of blood on articles i.e. shoes, lohi, shirt & pant etc. was found to be human. As per report (Ex.PL/1) of the Forensic Science Laboratory, the .12 bore fired cartridge cases marked C/1 and C/2 have been fired from .12 bore SBBL gun marked W/1 and not from any other firearm even of the same make and bore because every firearm has got its own individual characteristic marks. The hole on the clothes contained in parcel No.V has been caused by a fired lead projectiles and the pellets and wads contained in parcel No.VI could form a part of .12 bore cartridges.
After completion of necessary formalities, the accused was made to stand trial for an offence punishable under Section 302 IPC and under Section 27 of the Arms Act, 1959 and stands convicted as mentioned above.
To prove its case, the prosecution has examined PW-13 Dr. G.S.Somani, who proved ruqa (Ex.PO) sent by him to SHO, P.S.City, Sirsa regarding the bringing of dead body of Sukhdev Singh and patient Jagir Singh. He also proved bed-head ticket in respect of Jagir Singh Ex.PQ.
PW-11 is Dr. J.K.Bishnoi, Senior Medical Officer, General Hospital, Sirsa, who has conducted post-mortem examination on the Crl. Appeal No.724-DB of 2002 5 dead body of Sukhdev Singh son of Chanan Singh on 16.12.1999 at about 12.00 noon. He stated that in his opinion, the cause of death was shock and haemorage due to fire arm injury, which was ante mortem in nature and sufficient to cause death in ordinary course of nature. He also proved the post-mortem report as Ex.PM.
Pw-8 is Dr. S.L.Aggarwal, Medical Officer, General Hospital, Sirsa, who has conducted post-mortem examination on the dead body of Jagir Singh son of Surjan Singh on 16.12.1999 at about 1.00 pm. On dissection, he recovered one plastic cork and 21 metallic pellets from the abdomen and various other organs i.e. left kidney, spleen, stomach, small and large intestines. In his opinion, cause of death was fire arm injuries, which were ante mortem in nature and sufficient to cause death in normal course of nature. He also proved the post-mortem report as Ex.PH.
Apart from the medical evidence, the prosecution has also examined PW-9 Balwinder Singh, author of FIR and PW-10 Jeet Singh, as the eye-witnesses of the occurrence, as well as PW-14 Inspector Dharamvir Singh, PW-15 Deputy Superintendent of Police Chander Singh, the then Inspector/SHO, P.S.City Sirsa and PW-16 Inspector Ram Dhan, who deposed in respect of investigations carried out by them.
The accused denied all the incriminating circumstances appearing in the prosecution evidence in his statement recorded under Section 313 Cr.P.C. and stated that false case has been foisted against him after consultation and deliberations and that these are blind murders. Apart from tendering voters' lists as Exs.DB, DC, DD & DE, Crl. Appeal No.724-DB of 2002 6 the accused has also examined DW-1 Bhupinder Singh son of Kartar Singh in his defence.
Learned counsel for the appellant has vehemently argued that the eye-witnesses examined by the prosecution i.e. PW-9 Balwinder Singh, author of FIR and PW-10 Jeet Singh, were not present at the spot, as they are not present at Civil Hospital, when Jagir Singh and Sukhdev Singh were taken to Civil Hospital. As per Bed Head Ticket (Ex.PQ) of Jagir Singh, Dilbag Singh and Bhajan Singh accompanied Jagir Singh to Civil Hospital, but such persons have not been examined. PW-9 Balwinder Singh and PW-10 Jeet Singh are not the persons, who were present at the time of post-mortem examinations and at the time of preparation of inquest proceedings, as it was Baldev Singh and Puran Singh, who have identified the dead body. PW-9 Balwinder Singh and PW-10 Jeet Singh are the near relations of the deceased and as such they are procured witnesses. It is further contended that the recovery of empty cartridges and the car is said to have been effected at 3.00 pm on 16.12.1999 i.e. after more than 17 hours of the occurrence, giving time to the prosecution to come out with a doctored version. It is also argued that the prosecution has not proved any motive, which is said to be the cause of occurrence as per the testimony of PW-9 Balwinder Singh. It is also argued that Sukhdev Singh was unconnected with Palledari Union, therefore, there could not be any motive in causing any injury to him.
Having heard learned counsel for the parties, we do not find any merit in the present appeal. The occurrence has stated to be taken place at about 10.30 pm on 15.12.1999. PW-9 Balwinder Singh and PW-10 Jeet Singh have supported the prosecution in its entirety. Crl. Appeal No.724-DB of 2002 7 PW-9 Balwinder Singh and PW-10 Jeet Singh, rickshaw-puller have categorically stated that on 16.12.1999, they accompanied the police to the spot i.e. Shiv Chowk, Sirsa, where the Police has taken into possession woolen lohi, pillow cover, piece of seat smeared with blood, one pair of shoes and mat including two empty cartridges from the road near the car. They deposed that such articles were converted into parcels and taken into possession vide recovery memo Ex.PK, which was attested by them. In cross-examination, PW-9 Balwinder Singh stated that one medical shop and 9/10 other fruit-stalls were open at the time of occurrence and that the residential houses of the persons were at a distance of 40/50 ft. from the spot, whereas PW-10 Jeet Singh stated that there were many shops near the place of occurrence and that the residential houses are at a distance of about 100 ft. from the spot, behind the nearby shops, however, the entire market was closed and no shop was opened. PW-9 Balwinder Singh and PW-10 Jeet Singh in their cross-examinations admitted that Sukhdev Singh was not working as Palledar in Food Corporation of India. Both the prosecution witnesses have denied the suggestion that they have deposed falsely against the accused at the instance of Jeet Singh, President of Palledar Union. It may be noticed that no suggestion was put to the said witnesses that they have not taken the injured Jagir Singh of Sukhdev Singh to hospital, as it sought to be argued before this Court in appeal for the first time. The testimonies of PW-9 Balwinder Singh and PW- 10 Jeet Singh are consistent, coherent and reliable except minor contradiction in respect of opening of shops at the time of occurrence.
PW-8 Dr. S.L.Aggarwal has deposed that the dead body of Jagir Singh was brought by Constables Jaibir Singh and Subhash Chand Crl. Appeal No.724-DB of 2002 8 and identified by Baldev Singh and Puran Singh. Similar is the statement of PW-11 Dr. J.K.Bishnoi, who deposed that the dead body of Sukhdev Singh was brought by Constables Jaibir Singh and Subhash Chand and identified by Baldev Singh and Puran Singh. PW-13 Dr. G.S.Somani, who proved the bed head ticket Ex.PQ, has stated that as per the bed head ticket Jagir Singh was accompanied by Dilbagh Singh son of Swaroop Singh and Bhajan Singh son of Chanan Singh, both residents of Guruteg Bahadur Nagar, Sirsa. In his cross-examination, he stated that as the father's name of Jagir Singh was not known to the persons accompanying him, therefore, the same was not incorporated in the ruqa Ex.PO and bed head ticket Ex.PQ.
PW-14 is Inspector Dharamvir Singh, who after making endorsement Ex.PJ/1 on the statement of Balwinder Singh sent the same to the police station, on the basis of which FIR Ex.PJ/2 was recorded by Inspector Ram Dhan. In his cross-examination, PW-14 Inspector Dharamvir Singh stated that he reached the hospital at 12.00 mid-night, where PW Balwinder met him. PW-15 is DSP Chander Singh, the then Inspector/SHO Police Station City, Sirsa, who arrested the accused and on his interrogation on 16.03.2000, the accused handed over to him, his licensed gun, seven live cartridges, a bag and a licnece. PW-16 is Inspector Ram Dhan, who recorded the FIR Ex.PJ/2 on receipt of ruqa with endorsement Ex.PJ/1. He deposed that after recording the FIR correctly, he went to Civil Hospital, Sirsa and took up the investigations of this case. Since it was late night, therefore, he deputed two Constables to guard the dead bodies. He deposed that he went to the spot and deputed HC Devinder Singh and one Constable to guard the place of occurrence and that two empty cartridges were lying Crl. Appeal No.724-DB of 2002 9 near the car. On 16.12.1999 at about 7.00 am, he again visited Civil Hospital, Sirsa and prepared inquest reports. He deposed that since he was busy in Court in relation to some other case, he visited the spot at 3.00 pm and prepared rough site plan Ex.PS. He lifted two empty cartridges from the spot. He also collected one pair of shoes from front side of the card. In his cross-examination, he denied the suggestion that Puran Singh, who has been mentioned in the inquest proceedings, is the father of PW Jeet Singh. However, he admitted that the name of the father of PW Jeet Singh is Puran Singh and that PW Puran Singh is the brother-in-law of Jagir Singh-deceased. He also admitted that PW Baldev is the brother-in-law of Sukhdev Singh-deceased. He denied the suggestions that whether Dilbag Singh is the brother of PW Baldev Singh and whether Bhajan Singh, mentioned in the bed head ticket is the brother of Sukhdev Singh-deceased. He stated that no public person/witness was present at the time of his arrival in General Hospital, Sirsa. He stated that he tried to join the shop keepers at the time of recovery, but they refused to do so. He stated that the empties were recovered from the driver side and as per his investigation, the shots were fired from the driver's side of the car.
From the cross-examination of PW-16 Inspector Ram Dhan, it transpires that Dilbag Singh and Bhajan Singh, who identified the dead bodies, are the close relations of the deceased. The medical treatment is coordinated and supervised by the near relations. The occurrence is said to have taken place at about 10.30 pm on 15.12.1999 whereas Sukhdev Singh and Jagir Singh were removed to hospital at about 11.00 pm. The FIR has been lodged at about 1.55 am on 16.12.1999. The first anxiety of the near relations of the injured is to Crl. Appeal No.724-DB of 2002 10 provide medical assistance to save the life of the injured, whereas the other things can wait. The making of statement at about 1.35 am by Balwinder Singh, specifies the role of the appellant and also the fact that PW-10 Jeet Singh has come to the spot. The said version is soon after the occurrence and the authenticity of which is beyond dispute, as the said report is delivered to the Magistrate at 4.00 am on 16.12.1999 much before the arrest of the appellant on 15.03.2000. Though there is delay of recovery of empty cartridges i.e. 3.00 pm on 16.12.1999, but the fact remains that such recovery of cartridges is much prior to the arrest of the accused and the recovery of gun. Such cartridges have been received by the Forensic Science Laboratory on 10.01.2000 i.e prior to the arrest of the accused. Therefore, there is no possibility of foisting false recovery of empty cartridges on the appellant.
As per the report of the Forensic Science Laboratory, the empty cartridges recovered from the place of occurrence have been fired from the licensed gun of the appellant. During post-mortem examination on the dead body of Jagir Singh, a plastic cork and 21 metallic pellets from the abdomen and various other organs i.e. left kidney, spleen, stomach, small and large intestines were recovered. Recovery of such plastic cork and pellets corroborate the prosecution story of firing from .12 bore single barrel gun. The licensed gun has been recovered in pursuance of the disclosure statement of the accused after three months of the occurrence. Thus, it cannot be said that the occurrence was not witnessed by PW-9 Balwinder Singh and PW-10 Jeet Singh. Baldev Singh and Puran Singh, whose names appear in the post-mortem and inquest reports being the near relations of the deceased, are the witnesses of identification of the dead body. Crl. Appeal No.724-DB of 2002 11
In the case of eye-witness account, the motive is not relevant. PW-9 Balwinder Singh, Jagir Singh and accused Balbir Singh are Palledars. There is no suggestion that Balwinder Singh has any enmity to depose against Balbir Singh. Thus, it cannot be said that the witnesses are procured one and were not present at the time of occurrence. There is no circumstance on record, which creates a doubt on the prosecution story.
DW-1 Bhupinder Singh has stated that as soon as he reached the place of occurrence i.e. Shiv chowk, Sirsa, he heard the sound of two shots, but has not seen the occurrence. From his statement, it transpires that he has not witnessed the occurrence, thus, his statement is not relevant. The prosecution has, thus, proved the commission of crime by the appellant beyond any reasonable doubt.
In view of the above, we do not any merit in the present appeal. The same is dismissed.
(HEMANT GUPTA)
JUDGE
23.05.2011 (A.N.JINDAL)
Vimal JUDGE