IMPORTANT POINT
All facts and circumstances about motives, eye witnesses presence and time of occurrence about which doubt and discrepancies are there and false implication of father of appellant and the observations in that regard made by the Trial Court lead to the inference that prosecution case in all probability may be false against appellant and thus his conviction and sentence is liable to be set aside.

Headnote:Indian Penal Code, 1860-Sections 302, 304 Part I-Appellant convicted under Section 304 Part I for having caused death of Rajinder Singh with the help of his father-Father was acquitted-In appeal, High Court converted his conviction into Section 302 IPC-Appeals against to Supreme Court-Motive of offence found very weak-Quarrel on a petty loan on holi festival-Involvement of father of appellant found doubtful-Eye witnesses presence found doubtful-Medical evidence not supporting their version-Time of incident pointing a blind murder-Result-Acquittal-Appeal allowed.
       Held : The Trial Court while believing the prosecution case and the eye-witnesses, convicted the present appellant Hardeep under Section 304 Part-I IPC but acquitted Maha Singh holding that he was falsely implicated in the case. The High Court upheld the conviction of the appellant but converted it to under Section 302 IPC. It also maintained the acquittal of Maha Singh. But we find that the High Court hardly tried to consider the merit of the case but mechanically observed that there was no reason to interfere with the findings of the lower court. (Para 10)
       It appears highly improbable that Maha Singh would catch hold of the deceased from behind to facilitate his son to stab him right on the chest, for the only reason that Rajinder Singh wanted repayment of Rs. 250/- advanced by him to Hardeep. Nothing seems to have taken place between 28.2.1991 when quarrel taken place between Hardeep and Rajinder Singh and 4.3.1991 when the incident occurred. It does not appeal to the reason that for this kind of a dispute the father will allow his son to commit murder at the young age when he has only passed out high school and get his son condemned for whole life. We then find that all the three eyewitnesses are closely related as indicated earlier. (Para 13)
       According to the medical report virtually there is only one injury on chest, besides other on the palm, which would not take any time to be inflicted and it has rightly been observed by the Trial Court that injury may have been caused in twinkling of an eye. The victim had raised an alarm "Mar Diya Mar Diya" that is to say after the assault had taken place, it at least casts serious doubt about the presence of the witnesses at the time of the assault. It is to be kept in mind that their testimony is to be scrutinised with caution due to the background indicated earlier particular for roping in of the father of the appellant, Maha Singh who has been acquitted. (Para 14)
       In all probability they might not have arrived from a distance of 200/250 feet after the alarm was heard "Mar Diya Mar Diya" as the incident according the Trial Court, as observed and rightly, must have occurred in twinkling of an eye. The circumstances indicated above throw a serious doubt about time of occurrence and presence of witnesses at that time. On the whole the prosecution case does not inspire confidence to believe that the prosecution story must be true. Rather all facts and circumstances, discrepancies and false implication of one of the accused, who is none else but the father of the appellant and the observations in that regard made by the Trial Court lead to the inference that prosecution case in all probability made by false. In view of the discussion held above, we allow the appeal and set aside the conviction and sentence passed against the appellant. He shall be released unless wanted in connection with any other case. (Paras 15 & 16)

JUDGMENT

Brijesh Kumar, J.-Maha Singh and the appellant Hardeep, father and son respectively, have been prosecuted for murder of one Rajinder Singh. The Sessions Court on trial of the case acquitted Maha Singh but convicted the present appellant Hardeep under Section 304 Part-I IPC and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 200/-, in default whereof further to undergo rigorous imprisonment for two months.

2. Aggrieved by the said order, Hardeep filed an appeal to the High Court against his conviction and sentence and the State of Punjab filed an appeal against the acquittal of Maha Singh as well as against acquittal of Hardeep under Section 302 IPC in place whereof he had been convicted under Section 304 Part-I IPC as indicated earlier. A revision was also preferred by Baljeet Singh against the said order passed by the Sessions Court. The High Court by order dated September 20, 2000 allowed the appeal of the State and convicted the appellant Hardeep under Section 302 IPC and sentenced him to imprisonment for life and imposed a fine of Rs.500/- and in default whereof a further period of two months rigorous imprisonment. The appeal preferred by the State against the acquittal of Maha Singh and one preferred by the present appellant against his conviction, both have been dismissed. The order of the High Court also observed that Criminal Revision No. 680 of 1992 also stood disposed of. The appellant Hardeep challenges the above said order of his conviction in this appeal.

3. We have heard the learned counsel for the appellant Mrs. Avinish Ahlawat, and also Mr. Jai Prakash Dhanda appearing for the State as well as Mr. Ravindra Bana appearing for respondent No.2. We have also perused the record of the case.

4. The prosecution case is that the appellant Hardeep had taken a loan of Rs. 250/- from the deceased Rajinder Singh. On 28.2.1991 while celebrating the festival of Holi, Rajinder Singh asked Hardeep to repay the loan amount. Hardeep is said to have taken ill of it resulting in a quarrel between Hardeep and Rajinder Singh, which, however, subsided on intervention of PW-8 Shamsher Singh. The prosecution case further is that Hardeep said that he would clear the account within three or four days. According to PW-3 Baljit Singh, the deceased Rajinder Singh told him about the quarrel that had taken place on the Holi day upon which Baljit Singh approached Maha Singh, the father of Hardeep and told him that Hardeep should pay back the amount of Rs. 250/- to Rajinder Singh, Maha Singh, however, is said to have sided with his son. According to PW-3 Baljit Singh, he had also informed Maha Singh about the quarrel which had taken place between Rajinder Singh and Hardeep a few days earlier in the presence of Shamsher Singh. This constitutes the motive for Hardeep to commit the murder of Rajinder Singh as per the prosecution case.

5. The incident in question took place on 4.3.1991 at about 8.30 in the morning in village Mehmoodpur, police station Gohana, District Sonepat. According to PW-3 Baljit Singh, the brother of the deceased, he was returning to his bethak after answering the call of nature, as he reached near the house of Maha Singh, he saw his brother going towards Johar taking his cattle when Maha Singh and Hardeep came from their cattle shed and pounced upon Rajinder Singh, Maha Singh is alleged to have caught hold of Rajinder Singh from behind and Hardeep gave knife blows on the left side of the flank of Rajinder Singh. The accused persons ran away after striking the knife blows and Rajinder Singh fell down and died on the spot. On the alarm raised by Rajinder Singh "Mar Dia Mar Dia" PW-5 Bijender and PW-6 Azad Singh had also arrived and seen the occurrence.

6. PW-3 Baljeet Singh, leaving PW-5 Bijender and PW-6 Azad Singh at the spot with the dead body of Rajinder Singh, proceeded to police station Gohana to lodge the report. He went by a three wheeler. On way, however, he met P

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