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Supreme Court:- Why Trail Judge not make complaints u/s 340 CrPC for Perjury?

SUPREME COURT OF INDIA

PETITIONER:                  SWARAN SINGH

Vs.

RESPONDENT:    STATE OF PUNJAB

DATE OF JUDGMENT:            26/04/2000

BENCH:            Ruma Pal, D.P. Wadhwa

HEAD NOTE:-

Dismissing the appeals, the Court Held : Per Ruma Pal, J

1.1. The eye-witnesses’ accounts of the accused persons’ involvement in the crime are not only consistent but were duly corroborated by mate-rial evidence. The enmity between the accused and deceased was estab-lished. Thus, Courts below were justified in convicting and sentencing the accused- appellants. [581-G; 582-B]

1.2. Accused `SS’ has admitted his presence at the scene of occur-rence with loaded double barrel gun and a cartridge belt. His defence that he had not fired by any shots and the deceased in a drunken State were the aggressors cannot be accepted in view of the medical evidence. According to the Chemical Examiner’s report, the alcohol concentration found in the viscera of deceased neither showed that it had been consumed immediately prior to the occurrence nor was it sufficient to make the deceased inebri- ated. [582-C]

2. The site plan, photographs showing position of deceased persons and the blood stained earth collected from the spot supports the prosecution case that the deceased were killed at the spot next to the truck and not near accused SS’s house as claimed by him. If indeed the deceased were shooting indiscriminately as alleged by the accused there would have been some pellets on the walls of SS’s house. It was not even suggested to any of the witnesses in the prosecution that there were pellets or pellet marks near SS’s house. Thus, both the Trial Court and High Court rightly rejected the story of accused to explain the presence of the truck at the scene of occurrence. Further, the fact that the hitting was at close range supports the evidence of the eye-witnesses and runs contrary to the defence account of the incident. [581-G-H; 582-A]

Forensic Science in Criminal Investigation & Trials (3rd Edn.) P. 280; Fisher, Svensson and Wendel’s Techniques of Crime Scene Investigation (4th Edn. P. 296), referred to.

3.  Merely because one portion of the evidence of eye-witnesses is disbelieved does not mean that the Courts were bound to reject all of it. Thus, non-acceptance of evidence of PW-3 and PW-4 by Courts below regarding the involvement of `M’ will not render their evidence regarding involvement of appellants unbelievable. [583-D]

4.  PW-1, Doctor has stated in his cross-examination that both the deceased could have met their death at about 4 P.M. on the fateful day, but this does not by itself establish the fact that the deceased were killed at 4 P.M. The evidence of PW 1, in chief was that the death could have been caused within 24 hours prior to the post-mortems. Therefore, PW-1’s evidence is equally consistent with the case of the prosecution that the incident took place at 7.45 P.M. [583-H]

5. Minor discrepancies in the testimony of PW-5, Investigating Officer, are not sufficient to discard the case of the prosecution or to throw doubt on the eye-witnesses’ testimony. Furthermore, the Trial commenced about three years after the incident and it is not unlikely that the Investi- gating Officer could not remember the details of the investigation. [584-G]

Per Wadhwa, J. (Supplementing):

1. A criminal case is built on the edifice of evidence, evidence that is admissible in law. For that witnesses are required whether it is direct evidence or circumstantial evidence. Here are the witnesses who are a harassed lot. A witness in a criminal trial may come from a far-off place to find the case adjourned. He has to come to the court many times and at what cost to his own self and his family is not difficult to fathom. It has become more or less a fashion to have a criminal case adjourned again and again till the witness tires and gives up. It is the game of unscrupulous lawyers to get adjournments for one excuse or the other till a witness is won over or is tired. Not only that a witness is threatened; he is abducted; he is maimed; he is done away with; or even bribed. There is no protection for him. Then appropriate diet money for a witness is a far cry. Proper diet money must be paid immediately to the witness and even sent to him and he should not be left to be harassed by the subordinate staff. If the criminal justice system is to be put on a proper pedestal, the system cannot be left in the hands of unscrupulous lawyers and the sluggish State machinery. All the subordinate courts, should be linked to the High Court with a computer and a proper check is made on the adjournments and recording of evidence. [585-G-H; 586-A-D]

2. Perjury has also become a way of life in the law courts. A trial judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint. Perhaps law needs amendment to clause (b) of Section 340(3) of the Code of Criminal Procedure in this respect as the High Court can direct any officer to file a complaint. To get rid of the evil of perjury, the court should resort to the use of the provisions of law as contained in Chapter XXVI of the Code of Criminal Procedure. [586-F-G] 

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 721 of 1993.

From the Judgment and Order dated 18.9.92 of the Punjab and Haryana High Court in Crl.A. No. 315-DB of 1991.

WITH Criminal Appeal No. 720 of 1993.

PETITIONER: SWARAN SINGH

            Vs. 

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT:            26/04/2000

 

BENCH: Ruma Pal, D.P. Wadhwa

JUDGMENT:  RUMA PAL, J.

These appeals have been preferred from the decision of the  Punjab  & Haryana High Court  holding  the  appellants guilty under  Section 302 and Section 302/34 of the  Indian Penal  Code  (IPC) in connection with the death of  Shamsher Singh  and  Amar  Singh.   The  Additional  Sessions  Judge, Ludhiana  as well as the High Court accepted the case of the prosecution  and  found the  guilt of  the  appellants was established  beyond  reasonable doubt. The  case  of the prosecution was that on 24th April, 1986 at about 7.30 p.m., Karnail Singh (PW3)  was driving a Car with  Gurmel  Singh (PW4)  sitting next to him and Shamsher Singh and Amar Singh seated in  the rear. All of them  had  been to  village Bharthala  to  inquire about purbias (labourers) from Dilbagh Singh. They did not find Dilbagh Singh  nor any purbia and were on their way back to Samrala when a truck started continuously  blowing its  horn  behind  the car. Shamsher  Singh asked PW 3 to stop the car which PW 3 did.

Shamsher  Singh got down from the car and started looking at the  truck to identify who the driver was.  Jagjit Singh who was driving the truck, brought the truck along side the car. Jagjit Singhs son Mittar Pal ( also known as Lovely) and Swaran            Singh were seated next to Jagjit Singh in the  front cabin  of the truck.  Swaran Singh opened the left window of the  truck and shot Shamsher Singh in the chest with his  12 Bore  Double Barrel Gun .  Shamsher Singh died on the  spot. On  hearing  the shot, Amar Singh got down from the car and went  to the back of the truck. Then Jagjit Singh, his son Lovely as  well  as one Amrik Singh got out of the  truck.

Jagjit  Singh fired at Amar Singh hitting Amar Singh in the chest.  Amrik Singh told Jagjit Singh to fire more shots at Amar Singh.  Whereupon Lovely took the 12 Bore Double Barrel Gun  from  Jagjit  Singh and fired two more  shots  at Amar Singh, one of which hit Amar Singh in the neck and the other in  the stomach.  The assailants fired more shots  at Amar Singh. Amar Singh died on the spot.  While the  assailants were  firing shots, Satish Kumar, who got down from back  of the  truck also received a shot.  PW 3 and PW 4 both  raised an  alarm whereupon the assailants fled away firing shots in the  air  as they ran.            The motive for the crime alleged  by the  prosecution  was  that Swaran Singhs  truck  had  been de-listed  from the Truck Union of Samrala by Shamsher Singh who  was the President of the Truck Union, Samrala.  It was also alleged that there was rivalry between Jagjit Singh and Shamsher  Singh because of the forthcoming elections to            the Presidents  Office of the truck union which was to be  held about  a  week            later.            On 24th April 1986  at  9.30            p.m. Karnail            Singh            (PW 3) lodged a First Information Report  at the Police Station, Samrala.  SI Karnail Singh, S.H.O.            P.S. Samrala            (PW 5) went to the site and took possession of            the truck,            the car, the registration papers, the blood  stained earth  from near the dead bodies of the deceased, two  empty cartridges  from  the  cabin  of the truck  and            four  empty cartridges from near the dead body of Amar Singh.  According to  the PW 5 he found Satish Kumar who had been wounded  at the  spot  and sent him to the Civil Hospital, Samrala. He then prepared an inquest report and sent the dead bodies for post  mortem  to  the Civil Hospital, Samrala. As far as Shamsher  Singh was concerned the post mortem was  performed at 10.30 A.M.  on 25th April, 1986.  The post mortem of Amar Singh was done the same day at 12.40 P.M.  Both post mortems had  been  performed  by Dr.Rajiv Bhalla,  Medical  Officer, Civil Hospital Samrala (PW 1). According to the post mortem report Shamsher  Singh had the following injuries:-  There was a wound 2 cms in diameter on the right side of the chest with  corresponding  injury  on the shirt and  banian. The margins were  blackened  and rolled inwards with clots present.  The wound  was  present  in the  2nd  and 3rd intercostal  space in the mid clavicular line.            The  remnant of  cartridge  and pellets were removed from the  wound            and sealed.

In the opinion of PW 1 the cause of death was fire arm injury leading to the rupture of the right lung  and            left lung  leading to haemorrhage, shock and death.            It was            also stated            that  the death was instantaneous and injuries            were ante  mortem in nature and were sufficient to cause death in the  normal course.  The following six wounds were found  on Amar  Singh by PW 1:- 1.  Wound 3.5 cms diameter on the left side  of  chest with blackened margins with rolled in  ends. The  shirt  was blackened with corresponding injury  on the shirt. The left strip of banian was missing.  The wound was 10  cm            deep and in the area of Ist and second intercostal space. The remnant of cartridge was seen in the wound and it was removed and sealed.

2.   Wound 3 cm diameter in the middle of the chest in the  anterior  triangle of the neck.  The wound was 7 cm  in depth  with  remnant  of cartridge and pellets removed and sealed.

3.   Wound  3 cm diameter on the abdomen in the  right upper guadrant with intestine protruding out of it 8 cm deep with  margin  rolled  in and  surroundings  blackened. The intestines  were ruptured and there was corresponding cut on the  shirt  and banian with margins blackened.            The  pellets were removed from injury and sealed.

4.   A  penetrating  wound  2.5 cms  diameter  on            the posterior  aspect of the left leg in the popli togal fossa 2 cm  above  the            knee joint line with rolled in            margins            and blackened  ends.   The wound was bone deep with remnants  of cartridges  and            pellets embodied in the femur.              There            was fracture  of  the  lower  and of femur.              The  pellets            were removed            and  sealed.            There was corresponding cut  in            the pajama with margins blackened.

5.   A  penetrating wound 2.5 cm diameter in the            left leg  3            cm below the knee joint with rolled in            margins            and blackened  ends            with corresponding cut on the pajama.            The injury was bone deep and there was fracture of the upper end of tibia.

6.   Penetrating  wound 2 cm diameter on the left            leg rolled in margins and blackened end 3 cm below injury No.  5 pellet removed and sealed. In  the opinion of PW 1 the cause of death was due  to the injuries which were ante mortem in nature and sufficient to  cause  death in the ordinary course.  The various  items collected  by  PW  5 from the site as well as parts  of            the viscera            of  the deceased which had been removed during            the post  mortem  were sent to the Forensic            Science  Laboratory (FSL)  by the police for chemical analysis.  On 26th  April, 1986  Swaran  Singh  surrendered and handed over a  12            Bore Double            Barrel              Gun  (Ex.    P-22)  before  the   Judicial Magistrate,  Samrala (PW 6), who gave it on the same day  to PW  5.            Three months later on 26th July, 1986            Gajja  Singh father            of Jagjit Singh produced a 12 Bore Double Barrel Gun (Ex.   P  23)  which was the licenced gun  of  Jagjit  Singh before            PW  5.            After six weeks after            that,  the  Sarpanch produced  another  12 Bore Double Barrel Gun which  was            the licensed  gun of Shamsher Singh (Ex.  P 24).  Three other 12 Bore  Double Barrelled Guns were produced by other witnesses on  27th  October, 1986 (Ex.  P25, Ex.            P26 and            Ex.   P27). Surprisingly,  although Jagjit Singh was named in the FIR he was not arrested but the case was taken up for investigation by  Shri Mohinder Singh, DSP, Shri Baldev Sharma, DSP,            Shri Sanjeev              Gupta,  SP  and   Shri  B.P.Tiwari,  DIG,   Crime, Chandigarh  all            of  whom  found  that            Jagjit            Singh  was innocent.   The            police            accordingly only  challaned  Swaran Singh.            Being            aggrieved,  PW 3 filed a  complaint  on            Ist December,  1986            against  Jagjit Singh, Mittar Pal  Singh  ( alias  Lovely)            and Amrik Singh.  All the four accused            were committed  to trial on 22nd September, 1988.  The  objection of  the accused that the complaint case and the challan case could  not be clubbed was rejected by the Trial Court on 8th February,  1989            and the trial commenced on  18th  February, 1989.            The  Additional            Sessions  Judge,  Ludhiana  charged Swaran            Singh and Jagjit Singh under Section 302/34 IPC            and Amrik  Singh and Mittar Pal Singh under Section 302/34            IPC. All four accused were also charged under Section 307/34 IPC. Apart  from  tendering the formal evidence of Constable            Dev Bharath,  AMHC Jai Singh, Constables Hazura Singh and Jagtar Singh on affidavits (as these witnesses were not required by the  defence  for  cross-   examination),  the            prosecution examined  seven witnesses in support of the charges, namely, Dr.   Rajiv  Bhalla (PW 1), Ashok Kumar, Draftsman  (PW            2), Karnail            Singh            (PW 3), Gurmel Singh (PW 4), Karnail  Singh, SHO  PS Samrala (PW 5), K.S.  Bhullar, Judicial            Magistrate,  amrala            (PW  6) and Randhir Singh (PW 7).  Swaran Singh  in his  defence stated that he was a member of the Truck  Union and  was  actively helping Jagjit Singh, the co-accused            who was a rival candidate of Shamsher Singh, the deceased in the election  to the Presidentship of the Truck Union which            was to  take  place on 3.5.86.  According to Swaran Singh,            both the  deceased with the intention of scaring away the helpers of  Jagjit  Singh  came armed to the front of the  house  of Swaran Singh  on  24.4.86.  When Swaran Singh reached his house  in  his truck at 4.00 p.m.  along with  his  cleaner, Satish,            he found the deceased in a drunken state,  shouting and  using  abusive language.  The deceased  allegedly            were also  firing  indiscriminately Swaran Singh claimed that  he ran  away  leaving his licenced loaded gun,  the  cartridges along with the belt and his cleaner behind in the truck.  He further            stated that the cleaner, Satish received gun  shots at  the            hands            of the deceased.  He claimed  that  the            eye witnesses were procured.  Jagjit Singhs defence was that he had  been  falsely  implicated because of his  rivalry            with Jagjit            Singh  in relation to the truck union.            Amrik  Singh and  Mittar  Pal  Singhs  defence was that  they  were            not present            at the spot at all.  They examined three witnesses, namely,            the  Ahlmad, the Clerk (Complaints) and  the  Clerk (Records) of the Deputy Commissioners office of Ludhiana to prove  that  they  had            moved            an  application            before            the concerned  authorities for having been falsely implicated in the  case.  The Trial Court acquitted Amrik Singh and Mittar

Pal  Singh  on the ground that the prosecution had not            been able  to  establish their guilt.  The Trial Court,  however,

convicted  Swaran Singh under Section 302 IPC for the murder of  Shamsher  Singh  and under Section 302/34  IPC  for            the murder of  Amar  Singh.  Jagjit Singh was  convicted  under Section 302  IPC  for the murder of Amar  Singh  and  under Section 302/34 IPC for the murder of Shamsher Singh. Both the accused were sentenced to life imprisonment and to pay a fine of Rs.5,000/- or in default to further undergo rigorous imprisonment  for  one year  in  respect  of  each  of  the offences.  The amount of fine, if recovered, was directed to be  paid to the next kin of Shamsher Singh and Amar Singh as compensation.  The   sentences  were directed   to run concurrently. Three appeals were preferred before the High Court  of Punjab and Haryana.  The first appeal was filed by Swaran Singh  against his conviction, (Criminal Appeal No. 315/DB of 1991), the second appeal was preferred by  Jagjit Singh  against his conviction, (Criminal Appeal No.   204/DB of 1991), and the third appeal was preferred by the State of Punjab  (Criminal Appeal No.270/DB of 1992) against the acquittal  of Mittar Pal Singh. The High Court disposed  of all  the  appeals by a common judgment dated 18th  September 1992. The High Court dismissed the States appeal  against the  acquittal of Mittar Pal Singh but affirmed the findings of  the Trial Court in respect of Jagjit Singh and  Swaran Singh. However, the sentences were altered by setting aside the  sentences of  fine imposed.  Being  aggrieved  by the decision  of  the High Court, Swaran Singh and Jagjit  Singh have  preferred appeals before this Court.  It is  contended before            us  by both the appellants that both the Courts            had erred in relying on the eye witnesses, namely, PW 3 and PW 4 as  their account of the incident in so far as it related to Mittar            Pal  Singh had been disbelieved by both the  courts.

It  is further submitted  that the  evidence of  the eye witnesses  that the  deceased had not drunk  alchohol was belied by  the Report of the FSL.  It is also pointed out that  Dilbagh  Singh from whom inquiries  regarding  purbias were  allegedly            sought to be made by the deceased  had            not been  examined            as a witness.  It is further contended            that the  investigating officers evidence was inconsistent  with the  evidence  on  record.  The appellants claim  that            the incident  in fact had taken place in front of Swaran Singhs house  at  4.00            p.m.  and that this was  supported  by            the evidence  of  PW 1, both as regards the deceased as well  as Satish,            cleaner  of the truck.            It is further claimed            that there  was  as such a delay in lodging of the  complaint  by 5-1/2  hours during which time the alleged eye witnesses had concocted  the            story of involvement of the accused.  It  is claimed            that they had no motive, nor was there any evidence led  by the prosecution as to their motive for killing            Amar Singh.            Finally, as far as Jagjit Singh is concerned, it is stated            that apart from the eye witnesses account there was nothing            to  connect  Jagjit Singh with the  crime.   It  is pointed            out  that  the ballistic  experts  report  clearly showed that the cartridges recovered from the spot could not be linked to the licensed gun of Jagjit Singh.            In our view, both  the  appellants were rightly found guilty by both            the Courts.              The  evidence            against them is  conclusive.            That there  was enmity between the accused and Shamsher Singh was admitted.   Amar Singh was the deceaseds associate and            had the  misfortune not only to have been present when  Shamsher Singh  was  killed but also to have made himself visible  to the  accused then.  Both the eye witnesses accounts of            the deceaseds  involvement            are  not only consistent  but  were corroborated by the material evidence.            The site plan proved by  PW 2 showed that the truck was parked towards the  right rear  end  of the car in which the deceased was            travelling. If  the deceased were firing indiscriminately, it is  hardly likely            that the appellants would park the truck next to the car.  The photographs which were tendered as Exts P9 and P10 show the position of Shamsher Singhs body next to the truck on  the road on the left of the truck and Amar Singhs  body at the rear of the truck.  The blood stained earth which was collected  from            the spot where the deceaseds  bodies  were found supports the position that the deceased were killed at the spot next to the truck and not near Swaran Singhs house as  claimed by the accused.  Both the Trial Court as well as the High Court rightly rejected the story of Swaran Singh to explain the presence at the truck at the scene of the crime. That  Swaran Singh was present at the scene and was carrying a  loaded  double barrel gun and a cartridge belt  has            been admitted  by him.  His defence was that he had not fired any shots  and  that  the deceased in a drunken state  were            the aggressors.   The  appellants allegation that the  deceased were  drunk  does not appear to be borne out by the  medical evidence.  According to the Chemical Examiners report (Ext. PV/ 3) the alcohol concentration found in the viscera of the deceased  (Ext.              Nos.            1,2, and 4) was 74.75            mg/100            mls.

This does not show either that the alcohol had been consumed immediately  prior to the occurrence as was suggested to the eye  witnesses            nor can it be said that the alcohol  content was sufficient to make the deceased inebriated.            It was also correctly  noted by both the Courts below that if indeed the deceased  had  been shooting indiscriminately as alleged  by him,  there  would  have been some pellets on the  walls  of Swaran            Singhs house.  The High Court also noticed that            it was  not  even            suggested  to any of the  witnesses  in            the prosecution  that  there were pellets or pellet            marks            near Swaran            Singhs            house.            The  evidence            of  PW1  and            the post-mortem  reports was to the effect that the single wound on the right side of the chest of Shamsher Singh and several wounds            on Amar Singh were blackened.  Blackening is caused by  smoke deposit.  Smoke particles are light.            They do            not travel            far.  Therefore, smoke deposit, i.e., blackening  is limited to a small range.  See Forensic Science in Criminal Investigation & Trials (3rd Edn.) P.  280;  Fisher, Svensson, and  Wendels  Techniques of Crime Scene Investigation  (4th Edn.   p.296). The fact that the firing was at close  range supports the evidence of the eye witnesses and runs contrary to  the defense account of the incident.  The situs of the wounds found by PW 1 on the deceased also bear out the eye witnesses  testimony  of  the incident.            As far as  Swaran Singh  is  concerned, the gun which was handed over  by him bearing No.   8395/5391/A-7 (Ext.22) to PW 6 was tested  by the Forensic Science Laboratory at Chandigarh. The report ( Ext.   P-7)  showed that three of the  cartridges  collected from  inside the truck and the site had been fired from the right  barrel of Ext.22 and another cartridge had been fired from  the  left barrel of  the same  gun.   Both  the eye witnesses  said Jagjit was driving the truck.  He  alighted from  the drivers side of the truck viz.  the right of the truck. Amar Singhs body was found shot at close range near the  right rear end of the truck.  The wounds found on Amar Singhs body  by  PW  1 thus  sustain  the  eye witnesses version.   No  doubt, the particular empty  cartridge  cases found  could  not be related to Jagjit Singhs licensed  gun which  had  been  handed over to the police by            his  father, three months after the incident, but there was evidence that the  gun  had  been fired.  The appellants  contention            that because the  eye witnesses account of the  involvement  of Mittar Pal  was  not  accepted by  either  of the  Courts, therefore  their  evidence was suspect, is  a  non-sequitur.

Merely because one portion of the evidence of PW 3 and PW 4 is  disbelieved does not mean that the Courts were bound  to reject all  of it.  Besides Mittar Pals acquittal  by the Trial  Court is unsupported by any reason.  The High  Court, in  its turn,            held  that  it was  unlikely  that  the            eye witnesses would have remained on the spot after Jagjit Singh had  shot Amar Singh killing him instantaneously.  The            High Court  also  said that their version that Mittar Pal  Singh alias  Lovely accused had snatched the gun of his father and fired  two  gun            shots            is   not  believable  being   highly un-natural  because if Jagjit Singh accused was bold  enough to  fire  first            gun  shot hitting the neck  of            Amar  Singh deceased,  then            there was no question of his not  repeating gun  shots, especially when the medical evidence shows            that the injuries on the dead body of Amar Singh were caused with gun shot from close range.  Thus, it cannot be said that the medical            evidence  corroborates the participation of  Mittar Pal  Singh alias Lovely accused in this occurrence.  It            is not necessary for us to question this reasoning as no appeal has been preferred against Mittar Pals acquittal but in the case  of the accused the medical evidence corroborates their participation.            Regarding the time of the occurrence, it may be  that PW 1 has stated in cross-examination that both            the deceased  could have met their death at about 4.00 P.M.              on 24.4.86, but this does not by itself establish the fact that the  deceased were killed at 4.00 P.M.            The evidence of PW 1 in-chief  was that the deaths could have been caused  within 24  hours  prior  to  the  post-mortems.   Therefore,  PW1s evidence  is  equally  consistent  with              the  case  of            the prosecution  that  the incident took place at 7.45 P.M.              PW 1s  evidence  regarding Satish Kumar in fact  supports            the prosecutions  case.  Satish Kumar was examined on 24.4.1986 at  11.20 P.M.            In cross-examination he said that the injury had  been caused  within six hours.  This statement  means that the injury did not take place at 4.00 P.M.            Besides, if Satish            Kumar  had been injured at 4.00 P.M., as claimed  by the accused, there is no explanation why he should have been admitted  to the hospital at 9.20 P.M.            more than five hours later  and  that too by the police.  The chronology  of            the series            of occurrences shows that the crime had taken  place at  about  7.30 p.m. as claimed by  the  prosecution and testified  to  by  the eye witnesses.  That  being  so, the lodgment  of  the  F.I.R by PW 3 promptly  with a  detailed account of the incident, renders improbable the possibility of  the fabrication of the involvement of  the appellants. Given  these unambiguous confirmatory circumstances, we see no reason to interfere with the reliance placed by both the Courts on PWs 3 and 4s direct evidence of the part  placed by  the appellants in the perpetration of the crime.  On the other  hand, the appellants version of the incident has not been  substantiated at all.  The fact that the deceased had gone  to make inquiries about the employment of purbias from Dilbagh Singh is peripheral to the case and the credibility of  the eye witnesses account of the incident can in no way be  affected by Dilbagh Singh not being produced in  support of  the prosecution case.  In any event, as recorded by the Trial  Court, Dilbagh Singh PW had been given up as he  was won over by the accused.  For similar reasons, the P.P. for the  State could not produced Dilbagh Singhs mother.  The appellants  also  contended  that the evidence of PW  5 was discrepant.   The  appellants have emphasised that PW 5  had incorrectly  stated  that he had not gone out of the  police station prior  to  recording  of  the FIR.   He  had also incorrectly  stated that he had found Satish at the scene of the  crime  at 11.45  p.m.  and sent him  to  the  hospital whereas Satish had  in  fact already been  taken  to the hospital  by some other police personnel at 9.20 p.m. None of  the discrepancies are sufficient to discard the case  of the  prosecution  or  to throw doubt on the  eye  witnesses testimony.   Furthermore  the  trial commenced            about  three years  after  the incident.  In the meanwhile PW 5 had            been transferred  in April 1987 from Samrala.  PW 5 was called to give  evidence            in  1990.  In the circumstances            it  is            not unlikely  that            he  would not remember the  details  of            the investigation.            These are the adverse effects of a  delayed trial.            This  aspect  has been dealt with at length  by  my Learned            Brother  and I am in respectful agreement with            his opinions  on  the matter.  Having found no lacunae  in            the reasoning  of  the  High Court either on facts            or  law,  we dismiss the appeals.  If the accused are on bail, they shall be  taken into custody forthwith to serve out the  sentences imposed on them.

 

 

 

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  1. vinayak
    May 11, 2013 at 10:04 pm

    super posts …. keep these flowing ….. what is the best way to re blog these, while still giving you credit for your work ?

    regards
    Vinayak

  2. 498agladiator
    May 13, 2013 at 11:35 am

    Dear Vinayak, you can simply copy paste the same as this is not under the Intellectual Property Right….

    We all are trying to make people aware against the biased laws and also we want courts to punish the wrongdoers or people giving false information/evidences in courts. This will help lot of innocent victims to fight their cases…..

  3. laymanandlaw
    June 30, 2013 at 11:19 am

    Reblogged this on layman and law and commented:
    Beautiful case of murder most foul and witness backtacking + perjury ….. the SC also explains why probably perjury cases are NOT being filed by Trial court judges !!!
    Must read for those thinking about the society

    ———–

    regards

  4. laymanandlaw
    June 30, 2013 at 11:21 am

    thanks AK

    * I was NOT very comfortable with cut and paste !!
    * I found that wordpress has a “re blog” feature and used that
    * That in a way displays a small portion of your blog on my new blog, but finally re directs the reader to your blog

    regards

    Vinayak

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