Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Karamjit Singh vs State Of Punjab on 25 November, 2014

Bench: T.S. Thakur, Adarsh Kumar Goel, R. Banumathi

                                                    1

         ITEM NO.4                          COURT NO.2                 SECTION IIB

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

         Petition(s) for Special Leave to Appeal (Crl.)               No(s).     1941/2012

         (Arising out of impugned final judgment and order dated 10/05/2011
         in CRLA No. 618/2002 passed by the High Court Of Punjab & Haryana
         At Chandigarh)

         KARAMJIT SINGH                                                  Petitioner(s)

                                                    VERSUS

         STATE OF PUNJAB                                                 Respondent(s)

         (With appln. (s) for bail and office report)
         (For Final Disposal)

         Date : 25/11/2014 This petition was called on for hearing today.

         CORAM :
                             HON'BLE MR. JUSTICE T.S. THAKUR
                             HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                             HON'BLE MRS. JUSTICE R. BANUMATHI

         For Petitioner(s)             Ms. Tanvy Bagga Sharma,Adv.
                                       Mr. Rajinder Mathur,Adv.

         For Respondent(s)             Mr. Ajay Bansal,AAG
                                       Mr. Kuldip Singh,Adv.
                                       Mr. Gaurav Yadava,Adv.


                         UPON hearing the counsel the Court made the following
                                                  O R D E R

We have heard learned counsel for the parties at considerable length who have taken us through the order passed by the trial court as also that passed by the High Court. Prosecution's case no doubt rests entirely on circumstantial evidence adduced at the trial.

The courts below have, on a proper appreciation of the Digitally signed by Mahabir Singh Date: 2014.11.27 evidence, held that the prosecution had not only established the 16:47:02 IST Reason:

motive for the commission of the crime but also proved a series of other circumstances that formed a complete chain and led to an  2 irresistible conclusion about the guilt of the accused. Seizure of a strand of hair of one of the accused, Tarsem Singh, from the closed fist of the deceased-Balwinder Singh; presence of a foot-print at the spot that matched the foot-print of the accused-Tarsem Singh and seizure of the weapon of offence, stained with human blood, at the instance of the Karamjit Singh, the petitioner in the case at hand, were circumstances that were firmly established. Extra-judicial confession of the accused was also proved at the trial which the courts below accepted while recording a finding of guilt against the petitioner. There was also evidence that the accused persons were seen at an odd hour of night hurrying towards the village from the place of occurrence. All these irresistibly led to the inference that the crime in-question was committed only by the accused who happened to be real brothers although Tarsem Singh-coaccused has died during the pendency of the proceedings before the High Court.

Having given our careful consideration to the proved circumstances and the reasoning given by the courts below, we are of the view that the courts below did not commit any error much less any perversity in finding the petitioner guilty and sentencing him suitably.

This special leave petition therefore fails and is hereby dismissed.

(MAHABIR SINGH)                                                       (VEENA KHERA)
 COURT MASTER                                                          COURT MASTER