Punjab-Haryana High Court
Bikramjit Singh @ Vicky And Others vs State Of Punjab on 21 October, 2013
CRA NO.S-1428-SB OF 2003(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA NO.S-1428-SB OF 2003(O&M)
DECIDED ON : 21.10.2013
Bikramjit Singh @ Vicky and others
...Appellants
versus
State of Punjab
...Respondent
AND
CRA NO.S-1657-SB OF 2003(O&M)
Sansar Chand and another
...Appellants
versus
State of Punjab
...Respondent
Present : Mr. Deepak Sabherwal, Advocate,
for the appellants in
CRA No. S-1428-SB of 2003.
Mr. Atul Jain, Advocate,
for the appellants in
CRA No. S-1657-SB of 2003.
Mr. S. S. Chandumajra, Senior DAG, Punjab.
K. C. PURI, J. (ORAL)
Vide this common judgment, I intend to dispose of two criminal appeals bearing CRA NO. S-1428-SB of 2003 titled as, "Bikramjit Singh @ Vicky and others v. State of Punjab" and CRA No. S-1657 of 2003 titled as, "Sansar Chand and another v. State of Punjab", as the same have arisen out of the same judgment. However, for convenience the facts are being taken from CRA No. S-1428-SB of 2003.
Bhatia Shalini2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -2-
Briefly stated, the case of prosecution is that on 10.08.2001 police party headed by SI Jaimal Singh, Incharge CIA Staff, Phagwara, was present in the area of village Bhulla Rai for patrolling duty. He received a secret information that Sansar Chand, Sukhbir Singh, Prem Singh, Bikramjit Singh @ Vicky and Raju (appellants of the above mentioned two appeals) were sitting near the cremation ground of village Khurampur, armed with weapons and were planning to commit dacoity in the house of Satwant Kaur of village Khurampur. Sansar Chand and Sukhbir Singh were stating to the other accused that in case Satwant Kaur refused to hand over the jewellery to them, in that event, she will be eliminated. Finding the information reliable, ruqa was sent by SI Jaimal Singh to police station for registration of a case. The police party reached at the cremation ground and encircled the specific place. On seeing the police party, Sansar Chand and Sukhbir Singh ran away from the spot while Bikramjit Singh @ Vicky, Prem Singh and Raju were apprehended at the spot along with the iron rods. They were arrested. During investigation, they confessed having snatched the gold bangle (Kara) of Massa Singh resident of village Khurampur. On 13.08.2001, SI Jaimal Singh apprehended Sansar Chand and Sukhbir Singh from near village Nihalgarh and from their personal search, one knife each was recovered. On 14.08.2001, Sansar Chand made a disclosure statement regarding concealment of golden bangle (Kara) which they have snatched Bhatia Shalini 2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -3- from Massa Singh. He got recovered the said golden bangle (Kara) from his house, in pursuant to his disclosure statement.
After completion of investigation, challan against all the accused was presented in Court. Copies of challan, as envisaged under Section 207 Cr.P.C were supplied to all the accused, free of costs.
Charge under Sections 399/402 IPC was framed against all the accused to which all the accused pleaded not guilty and claimed trial.
The prosecution in order to prove its case, examined HC Gurmail Singh as PW-1, SI Jaimal Singh as PW-2, Rajesh Jalota Goldsmith as PW-3 and closed the evidence.
Thereafter statements of all the accused were recorded under Section 313 Cr.P.C wherein all the incriminating evidence was put to them, to which all the accused pleaded innocence and false implication.
The accused were called upon to lead their defence evidence but they have not chosen to examine any defence evidence.
The learned trial Court, after appraisal of the evidence, acquitted all the accused under Section 399 IPC whereas found all of them guilty for an offence punishable under Section 402 IPC and sentenced them to undergo rigorous imprisonment for a period of 05 years and to pay fine of `1000/- each and in default of payment of fine, to further undergo rigorous imprisonment for Bhatia Shalini 2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -4- a period of two months.
Feeling dissatisfied with the above said judgment of conviction and order of sentence dated 31.07.2003 passed by Shri Sanjiv Berry, Additional Sessions Judge (Fast Track) Kapurthala, Bikramjit Singh @ Vicky, Prem Singh and Raju have preferred Criminal Appeal No. 1428-SB of 2003 and Sansar Chand and Sukhbir Singh have preferred Criminal Appeal No. S- 1657-SB of 2003. However, both these appeals are being disposed of vide common judgment as the same have arisen out of the same judgment of conviction and order of sentence dated 31.07.2003.
I have heard learned counsel for the parties and have gone through the records of the case.
In this case, the prosecution has relied upon the recovery of gold bangle (kara) from Sansar Chand, on the basis of his disclosure statement. Charge against the accused in the present case is under Sections 399/402 IPC. The said gold bangle (kara), according to the prosecution, belong to one Massa Singh but that Massa Singh has not been examined by the prosecution for the reasons best known to it. No FIR or other documentary evidence has been placed on file that Massa Singh has got recorded any FIR/DDR etc. regarding that gold bangle (kara).
In the ruqa Exhibit P-Q, which formed the basis of FIR, it is mentioned that Sansar Chand and Sukhbir Singh were stating to the other accused that in case Satwant Kaur refused to Bhatia Shalini 2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -5- hand over the gold ornaments to them, then she be murdered, but the two material witnesses namely HC Gurmail Singh (PW-1) and SI Jaimal Singh (PW-2) have not supported the said version in the Court. They have simply stated that after receiving secret information, they raided the spot. Sansar Chand and Sukhbir Singh ran away from the spot, whereas the other accused namely Bikramjit Singh @ Vicky, Prem Singh and Raju were apprehended at the spot. They were arrested along with the iron rods. HC Gurmail Singh (PW-1) has simply stated that all the accused were making preparation for committing dacoity at the house of Satwant Kaur. SI Jaimal Singh (PW-2) has stated that all the accused were sitting in the cremation ground and were murmuring with each other. So what was the conversation inter se between the accused has not been stated by any of the prosecution witness.
Now the question arises whether on the basis of mere recovery of iron rods from Bikramjit Singh @ Vicky, Prem Singh and Raju at the spot, is sufficient to conclude their guilt under Section 402 IPC. In the FIR or in the statement of two material witnesses i.e HC Gurmail Singh (PW-1) and SI Jaimal Singh (PW-
2), the detail of weapon which Sansar Chand and Sukhbir Singh were having, is not mentioned. Sansar Chand and Sukhbir Singh are stated to have been arrested on 13.08.2001 and one knife each was stated to be recovered from both of them. The detail of said knives is not mentioned in the FIR or in the statements of Bhatia Shalini 2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -6- the above mentioned two material witnesses.
The Hon'ble Apex Court in authority "Chaturi Yadav and others v. State of Bihar" AIR 1979 Supreme Court 1412, held that where the evidence led by the prosecution shows that some person were present along with the weapons, that itself does not prove that they have assembled for the purpose of committing dacoity or for making preparation to accomplish that object. The Division Bench of this Court in authority "Mahavir v. State of Haryana," 2010 (6) RCR (Criminal) 3073 has held that prosecution has to prove from evidence directly or indirectly, or from attending circumstances, that the accused persons had assembled for no other purpose than to make preparation for the commission of offence or dacoity. In the absence of any such evidence, mere assembly or recovery of fire arm does not prove the charge. In the present case also, the prosecution witnesses have simply stated that Bikramjit Singh @ Vicky, Prem Singh and Raju were arrested along with iron rods from each of them whereas Sansar Chand and Sukhbir Singh ran away from the spot. The prosecution has failed to prove the fact that the intention of the appellants was to commit dacoity. Otherwise also, it is not possible that in the presence of so many police officials, Sansar Chand and Sukhbir Singh can run away from the place of occurrence. The Allahabad High Court in authority "Ashok Kumar v. State of U.P" 2006 (2) CCR 562 has held that prosecution version to the effect that three dacoits Bhatia Shalini 2013.11.07 10:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRA NO.S-1428-SB OF 2003(O&M) -7- succeeded in running away from the clutches of police party rendered the prosecution story doubtful. Otherwise also, the prosecution witnesses have stated that the cremation ground has no boundary wall and the same was visible from G.T Road itself. The prosecution witnesses have stated that they have parked their vehicles near the cremation ground and went inside the cremation ground on foot. It was not possible to recognize Sansar Chand and Sukhbir Singh at late hours.
So, in view of the above discussion, both the appeals detailed above, stand accepted. The judgment of trial Court stands set-aside and all the appellants namely Bikramjit Singh @ Vicky, Prem Singh, Raju, Sansar Chand and Sukhbir Singh, of both the appeals stand acquitted by giving them the benefit of doubt. The fine, if any deposited by them, shall be refunded to them, after the expiry of period of appeal/revision.
A copy of this judgment be sent to the trial Court for compliance.
OCTOBER 21, 2013 (K. C. PURI)
shalini JUDGE
Bhatia Shalini
2013.11.07 10:08
I attest to the accuracy and
integrity of this document
High Court Chandigarh