Back
1997 Supreme(SC) 61
1997(1) Supreme 651
SUPREME COURT OF INDIA
M.K. Mukherjee and S.P. Kurdukar, JJ.
Prem -Appellant
versus
Daula & Ors. -Respondents
Criminal Appeal No. 116 of 1989
Decided on 16-1-1997
Counsel for the Parties :
For the Appellant : R.C. Kohli, Advocate.
For the Respondents : R.S. Bhatia, B.S. Gupta (Ajay Siwach) Advocate for Prem Malhotra Advocate.
IMPORTANT POINT
Medical evidence being the opinion evidence cannot nullify the evidence of eye-witnesses which is absolutely unimpeachable.
Headnote:Appeal Against Acquittal-Indian Penal Code, 1860-Sections 302 and 302/34-Order of acquittal for offences under-Legality of-Reasons recorded for acquittal are contrary to evidence on record-Motive-Evidence of PW9, PW10 and PW11 is absolutely unimpeachable-Each of them testified how all four accused came to house of deceased and assaulted him with weapons in their hands-Doctor (PW3) expressed some doubt as regards injury No. 1 having been caused by Ranpi-His evidence being opinion evidence cannot nullify evidence of eye witnesses-Trial Court was right in convicting accused Nos. 2 to 4 with aid of Section 34 IPC-All accused came together and were armed with weapons except A4, trespassed into house of deceased and thereafter assaulted him-This evidence is sufficient to prove complicity of accused 2 to 4 with aid of Section 34-Impugned judgment of acquittal passed by High Court quashed-Order of conviction restored. (Para 14)
JUDGMENT
S.P. Kurdukar, J.-This Criminal appeal is at the behest of the complainant-appellant challenging the legality and correctness of the judgment and order dated October 29, 1986, passed by the Punjab & Haryana High Court, Chandigarh, acquitting the respondents Nos. 1 to 4 (accused) of all the charges. The Addl. Sessions Judge II, Rohtak, by his judgment and order dated October 24/26, 1985, convicted the first respondent (A-1) under Section 302 IPC and respondents Nos. 2 to 4 (A-2 to A-4) under Section 302/34 of the Indian Penal Code for committing the murder of Ishwar son of Budh Ram and each one of them was sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- or in default to undergo further RI for six months.
2. Briefly stated the prosecution case as unfolded at the trial is as under :-
The marriage of the daughter of Malha, pot maker, was to be celebrated on December 9, 1984, and in that connection, Halwais from Rohtak were engaged for preparing the sweets on December 8, 1984. The sweets were being prepared in the house of Giani which is situated in Silara Maholla, Rohtak. Ishwar (since deceased) and Rajinder (PW 14) were present at the place of Giani. At about 6.00 p.m., Daula (A-1) and Jai Singh (A-2) came there and picked up a quarrel with Rajinder over money. A-2 gave a lathi blow on Rajinder (PW 14) and Prem (PW 9). Ishwar intervened and saved his colleagues from further assault. Ishwar then pushed out A-1 and A-2 from the house of Giani. The quarrel then ended and they left to their respective houses. Prem and Ishwar thereafter came to the house of the latter. Krishan and Ude were sitting on the cot outside the house. When all of them were talking, Daula (A-1), Jai Singh (A-2), Balraj (A-3) and Baljit (A-4) came there at about 6.30 p.m. A-1 was carrying Ranpi (sharp edged cutting weapon used by cobblers) whereas A-2 and A-4 were armed with lathis. A-3 was however not having any weapon. All the four accused forcibly entered into the house of Ishwar whereupon A-1 shouted at Ishwar and challenged as to why he had pushed him out of the house of Giani. It was alleged by the prosecution that Baljit (A-4) and Balraj (A-3) caught hold of Ishwar whereupon Daula (A-2) assaulted him with Ranpi on his back. Jai Singh (A-2) gave a lathi blow on the left hand of Ishwar. Daula again struck a Ranpi blow on the right hand of Ishwar. Dhan Kaur (PW 11) mother of Ishwar tried to intervene during the assault but she was also given a lathi blow by Jai Singh (A-2). Krishan, Ude and Prem (PW 9) intervened in the quarrel and saved Ishwar from the assault. In the meantime, all the accused fled away. Since Ishwar had sustained bleeding injuries, he was taken to the Medical College, Rohtak, in a rickshaw but before any medical help could be given to him, he succumbed to his injuries.
3. The doctor on duty sent a ruqqa to the Incharge, police post attached to the Medical College at about 8.20 p.m. and also informed police station, City Rohtak on telephone regarding the arrival of the dead body. S.I. Ram Chander (PW 17) after making an entry in the daily diary proceeded to the Medical College where he recorded the statement (Ex.PJ/1) of Prem Singh (PW 9) which was treated as the FIR. SI Ram Chander held the inquest on the dead body of Ishwar (Ex.PF). The dead body was then sent for post mortem examination. Dr. Rohtas Yadav (PW 3) carried out the post mortem examination and his report is at Ex.PD. SI Ram Chander then recorded the statements of various witnesses including that of Rajinder Singh (PW 14) and Dhan Kaur (PW 11) who were injured during the assault and were sent to the Medical College for necessary treatment. All the four accused were arrested during the investigation. After completing the necessary investigation, a charge sheet came to be submitted against all the four accused for offences punishable under Sections 302, 302/34 and 449 of the Indian Penal Code.
4. The accused denied the allegations levelled against
