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Supreme Court Of India
Kamaljit Singh
Versus
State of Punjab
Decided on : October 16, 2003
Homicide - Indian Penal Code - Section 302, Section 307 - The court discussed the prosecution's version of the events, the medical evidence, the presence of witnesses, and the first information report. It highlighted the minor variations between medical evidence and ocular evidence and emphasized the primacy of the latter in determining the credibility of eyewitness testimony.
Fact of the Case:
The appellant was tried for the homicidal death of two persons and causing grievous injuries to another. The trial court acquitted the appellant, but the High Court set aside the acquittal and held the appellant guilty.
Finding of the Court:
The High Court found the conclusions of the trial court to be erroneous and held the appellant guilty of the offenses. It emphasized the credibility of eyewitness testimony and the immediate lodging of the first information report.
Issues: The issues revolved around the credibility of witnesses, the variations between medical and ocular evidence, and the timing of the first information report.
Ratio Decidendi: The court emphasized the primacy of ocular evidence over medical evidence and highlighted that minor variations do not negate the credibility of eyewitness testimony. It also stressed the immediate lodging of the first information report.
Final Decision: The appeal failed, and the appellant's conviction was upheld.
Judgment
ARIJIT PASAYAT, J.
( 1 ) APPELLANT-KAMALJIT singh was tried for allegedly having committed homicidal death of two persons named gurcharan Singh and Sucha Singh (hereinafter referred to as the deceased by their respective names ). He was also allegedly guilty of causing grievous injuries on one Udhain goshal.
( 2 ) PROSECUTION version as unfolded during trial is as follows: on 17. 5. 1989, Devinderpal Singh (PW- 5) made statement before SI Harinderjit Singh, sho PS Sadar, Patiala, near the gate of Punjabi university, Patiala. In the said statement it was alleged by Devinderpal Singh (PW-5) that he was working as a Foundary Engineer in Goetz factory, Bahadurgarh, Patiala for the last six years and that his father Gurcharan Singh- deceased was also working in the said factory for the last 30-32 years and was working as a manager of Time and Labour Office. It was alleged that in the said foundry, the workers used to perform their duties in shifts. It was alleged that on that day i. e. 17. 5. 1989, his shift timings were from 6. 30 a. m. to 3. 00 p. m. At about 10. 30 a. m. when he was working in the plant, at that time, his Incharge Udain goshal, (PW-6) was also present in the plant. In the meantime accused Kamaljit also an employee of the said factory, while wearing a gatra kirpan around his neck, came there and told udain Goshal (PW-6) that he would teach him a lesson for getting him charge sheeted. Immediately thereupon, accused Kamaljit Singh took out his kirpan from the gatra and thrust the same on the right side of abdomen of Udain goshal (PW-6 ). On receipt of the said thrust blow, he (Udain Goshal) raised an alarm and on hearing it, Harjot Singh, another Foundry engineer, B. V. Raju, Deputy Manager Foundry and he (Devinderpal Singh-complainant) rushed towards Udain Goshal (PW-6 ). On raising alarm by them, accused-Kamaljit Singh ran from the spot and they followed him. It was alleged that when his (Devinderpal Singhs) father-Gurcharan Singh, deceased came out from the time office on hearing the raula, accused kamaljit Singh gave a kirpan blow on the back of his father (deceased, Gurcharan Singh), who ran towards the foundry and on reaching there, fell down. Deceased Sucha Singh, Senior personal Manager was also standing near his father gurcharan Singh. When they were raising an alarm, accused gave a kirpan blow on the chest of deceased Sucha Singh as a result of which he also fell down. Thereafter devinderpal Singh (PW-5) along with Harbans singh and Rajinder Sharma took Gurcharan singh Sucha Singh and Idain Goshal, in injured condition to Rajindera Hospital, Patiala. Sucha Singh and Gurcharan Singh succumbed to their injuries in the said hospital, while Udain goshal (PW-6) was admitted in the emergency ward. After leaving Harbans Singh and rajinder Sharma near the dead bodies of his father Gurcharan Singh and Sucha Singh, devinderpal Singh (PW-5) was returning to the factory when police met him in front of the punjabi University and he narrated the entire occurrence to the police and his statement was recorded. After the occurrence accused-Kamaljit singh along with weapon had run away from the spot. Motive for the crime was that a few days before accused-Kamaljit Singh had gone to the house of Udain Goshal (PW-6) and had threatened him that he would kill him. After this accused-Kamaljit Singh was charge sheeted. Since deceased Gurcharan Singh and sucha Singh were from personnel department, as such they were supporting Udain Goshal (PW-6) and for this reason accused Kamaljit singh had grudge against him. Devinderpal singh, Harjot and B. V. Raju, had witnessed the entire occurrence. After recording the aforesaid statement of Devinderpal Singh-complainant, si Harinderjit Singh sent the same to the police station, with his endorsement at 1. 00 p. m. on the basis of which formal FIR was recorded in PS Sardar, Patiala at 1. 15 p. m. on 17. 5. 1989. Investigation was undertaken. Devinderpal Singh (PW-5) and Udain Goshal
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