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SUPREME COURT OF INDIA
H.R. KHANNA AND Y.V. CHANDRACHUD, JJ.
Charan Singh and others, Appellants
Versus
State of Punjab, Respondent.
Criminal Appeal No. 152 of 1973, D/-26-7-1974.
Indian Penal Code,1860 - Section 302 – Offence of Murder - Appeal Against Conviction - executed a will - Possession of the land - Prosecution case is that on uncle of accused and deceased executed a will in favor of bequeathing all his movable and immovable property in favor of accused - On executed another document cancelling the will which he had earlier executed in favor of - It is stated that revoked will in favor of at instance of deceased and thereafter got back possession of his land - On leased out half of his land in favor of Mann for a period of ten years - Remaining half of land was sold by in two equal shares one in favor of Poultry Farm and the other in favor of deceased and G deceased – Held, Appellants to a number of authorities - Court have refrained from referring to those authorities because in court opinion reference to those authorities is rather misplaced - Fate of present case like that of every other criminal case depends upon its own facts and intrinsic worth of evidence adduced in case rather than what was said about evidence of witnesses in other decided cases in context of facts of those cases - Question of credibility of a witness has primarily to be decided by referring to his evidence and finding out as to how witness has fared in cross-examination and what impression is created by his evidence taken in context of other facts of case - Criminal cases cannot be put in a straitjacket - Though there may be similarity between facts of some cases there would always be shades of difference and quite often that difference may prove to be crucial - Order accordingly.
Judgment
KHANNA, J.: - Karam Singh (60) and his son Sukhdev Singh (38) were shot dead in their field in the area of village Dhandari at a distance of seven miles from police station Sadar Ludhiana on August 5, 1971. Four persons Charan Singh (65), Mukhtiar Singh (50), Gurdev Singh (40) and Paramjit Singh (24) were tried in connection with that occurrence in the court of the Sessions Judge Ludhiana. The learned Sessions Judge convicted Charan Singh and Mukhtiar Singh under Section 302, Indian Penal Code for the murder of Karam Singh and sentenced each of them to death. Charan Singh and Mukhtiar Singh were also convicted under Section 302 read with Section 34, Indian Penal Code for the death of Sukhdev Singh and each of them was sentenced to undergo imprisonment for life on that count. Gurdev Singh and Paramjit Singh were convicted under Section 302. Indian Penal Code for the murder of Sukhdev Singh and each of them was sentenced to death on that score. Gurdev Singh and Paramjit Singh were further convicted under Section 302 read with Section 34, Indian Penal Code for the death of Karam Singh and each of them was sentenced to undergo imprisonment for life on that account. Charan Singh, Mukhtiar Singh and Gurdev Singh were also convicted under Sec. 27, Arms Act and each one of them was sentenced to undergo rigorous imprisonment for a period of four years on that count. On appeal and reference the Punjab and Haryana High Court affirmed the judgment of the trial court. The four accused thereafter filed this appeal by special leave.
2. Charan Singh accused is the real brother of Karam Singh deceased. Paramjit Singh accused is the grandson of Charan Singh. Gurdev Singh accused is the brother of the wife of Charan Singh, while Mukhtiar Singh accused is a friend of Gurdev Singh. The two deceased persons as well as Charan Singh and Paramjit Singh accused are the residents of village Dhandari. Gurdev Singh is a resident of village Bhutari, at a distance of about 15 miles from Dhandari, while Mukhtiar Singh is a resident of village Khatra Chahran. Charan Singh accused and Karam Singh deceased were the sons of Sardara Singh. Sardara Singh had three other brothers. One of the brothers was Niranjan Sing. Niranjan Singh was issueless and without a wife. Hazara Singh was another brother of Sardara Singh. Mann Dass (P. W. 4), who lodged the first information report, is the grandson of Hazara Singh. Apart from Sukhdev Singh who was killed along with Karam Singh deceased, the latter had another son Gurdial Singh (P. W. 8) who has appeared as an eye witness of the occurrence.
3. The prosecution case is that on September 28, 1966 Niranjan Singh, uncle of Charan Singh accused and Karam Singh deceased, executed a will in favour of Charan Singh bequeathing all his movable and immovable property in favour of Charan Singh accused. On 18-3-1971 Niranjan Singh executed another document cancelling the will which he had earlier executed in favour of Charan Singh. It is stated that Niranjan Singh revoked the will in favour of Charan Singh at the instance of Karam Singh deceased and Mann Dass. P.W. Niranjan Singh thereafter got back possession of his land from Charan Singh. On June 15, 1971 Niranjan Singh leased out half of his land in favour of Mann Dass for a period of ten years. The remaining half of the land was sold by Niranjan Singh in two equal shares, one in favour of Garcha Poultry Farm and the other in favour of Sukhdev Singh deceased and Gurdial Singh P. W., sons of Karam Singh deceased. Charan Singh accused felt aggrieved against Karam Singh deceased on account of being deprived of the land of Niranjan Singh.
4. About a month before the present occurrence, it is stated, Mann Dass and Sukhdev Singh were going to their lands which they had obtained from Niranjan Singh. Near a well Paramjit Singh and Gurdev Singh accused fired shots from a rifle and gun at Sukhdev Singh deceased. The shots, however, did not hit Sukhdev Singh. The matter was then reported
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