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Supreme Court Of India
Mohan Singh
Versus
Prem Singh
Decided on : OCTOBER 10, 2002
Motive - Murder - Indian Penal Code, Section 302, Section 34, Section 324 - The court discussed the alleged motive of the crime, the details of the prosecution case, the injuries inflicted, the alleged extra-judicial confession, and the recovery of weapons. The court highlighted the High Court's findings on the alleged motive, the tampering of hospital records, the fabrication of evidence, and the unexplained delay in lodging the FIR. The High Court also rejected the alleged extra-judicial confessions and found the eye-witnesses' testimony unreliable. The court ultimately acquitted both accused based on the unreliability of the prosecution's evidence.
Fact of the Case:
The prosecution alleged that the accused murdered the deceased due to a pending civil litigation. The deceased was attacked and killed while returning home, and the prosecution presented evidence including eyewitness testimony, extra-judicial confessions, and weapon recovery. The trial court convicted the accused, but the High Court acquitted them based on the unreliability of the prosecution's evidence.
Finding of the Court:
The High Court found the prosecution's evidence unreliable, including the alleged motive, eyewitness testimony, extra-judicial confessions, and weapon recovery. The court also noted tampering of hospital records and unexplained delays in lodging the FIR. As a result, the High Court acquitted both accused.
Issues: The issues included the reliability of the alleged motive, eyewitness testimony, extra-judicial confessions, and weapon recovery, as well as the tampering of hospital records and the unexplained delay in lodging the FIR.
Ratio Decidendi: The court's decision was influenced by the unreliability of the prosecution's evidence, including the alleged motive, eyewitness testimony, extra-judicial confessions, and weapon recovery. The court also considered the tampering of hospital records and the unexplained delay in lodging the FIR.
Final Decision: The court dismissed both appeals and upheld the High Court's acquittal of both accused based on the unreliability of the prosecution's evidence.
judgment
DHARMADHIKARI, J.
( 1 ) THESE two appeals have filed by complainant and the State of Punjab against the judgment of the High Court of Punjab and Haryana dated 24/09/1993 whereby the two accused, (respondents herein) by reversal of the judgment of the Sessions Judge, Hoshiarpur, have been acquitted of the charges under S. 302 read with Ss. 34 and 324 of the Indian Penal Code.
( 2 ) THE case of the prosecution against the two accused is that at 8. 40 on the night of 26-8-1990 in village Bassi Umar Khan, near the courtyard of Atma Singh, the two accused viz. Prem Singh, accused No. 1 and Deepinder Singh accused No. 2 inflicted injuries on deceased Ravinder Singh, son of Mohan Singh- PW6 and caused his death. The prosecution case, as sought to be proved in the Court in necessary details, is as under :-
( 3 ) THE motive of the crime is stated to be a pending civil litigation between father of the deceased in the capacity of holder of Power of Attorney on behalf of one Joginder Singh Mahant on one side and Sampuran Singh, father of accused No. 1, Prem Singh on the other, regarding the possession of a piece of land in village Bassi Umar Khan.
( 4 ) THE alleged offence of murder of deceased in alleged to have been committed on 28/06/1990 at about 8. 40 p. m. when the deceased was returning from his field to his house. It is stated that Mohan Singh PW-6, father of the deceased and Sardara Singh PW-7 were also following the deceased on their way back from field to the house. At that time, accused No. 1 Prem Singh, armed with Datar and Deepinder Singh accused No. 2 armed with Gandasi way laid the deceased. Accused No. 1 shouted that Mohan Singh, father of the deceased would be "taught a lesson" for pursuing a case against father of Prem Singh. After such declaration accused No. 1 Prem Singh gave a Datar blow to the deceased which the latter warded off but it hit him on his right hand. Deceased then in a bid to escape started running towards the village. The two accused chased him. After covering about forty paces the deceased stumbled down and fell on the heap of earth lying in the courtyard of the house of one Atma Singh. When the deceased had fallen down, accused No. 1 Prem Singh inflicted a Datar blow on the left side of neck of the deceased while accused No. 2, Deepinder Singh inflicted a Gandasi blow on his left knee. The above named two eye-witness raised alarm whereupon the two accused ran away with their weapons. The villagers then gathered there. The deceased was taken in a tractor-trolley to the Civil Dispensary, Haryana where Dr. Chaman Lal PW5, after examining the deceased, declared him dead. The doctor then sent an intimation at about 9. 30 p. m. to the police station, Haryana which is stated to be at a distance of about 200 yards from the Hospital.
( 5 ) THE further case of the prosecution is that thereafter leaving the dead body of the deceased in the hospital in the care of Sardara Singh PW7, Mohan Singh PW6, while proceeding to the police station, Haryana for making a report, met on the way, ASI Santokh Singh PW-10. A report of the incident was lodged with him (marked as Ex. PN) at 10. 30 p. m. It is not disputed that the formal First Information Report Ex. PN, under S. 302/34 Indian Penal Code was registered at the police station at 10. 30 p. m. on 28-6-1990 by ASI Nirmal Singh. Special report of the FIR was conveyed to the Magistrate at Hoshiarpur through Head Constable Kapur Singh PW-4 on 29/06/1990 at 4. 45 a. m.
( 6 ) SANTOKH Singh, ASI-PW10 undertook the investigation of the crime. After preparing inquest memo. Ex. PC, the investigating officer inspected the spot and seized blood stained earth from near the courtyard of Atma Singh. A pair of Chappals Ex. P7/1-2 of the deceased which was found lying near the spot at the place shown in the site plan Ex. PT was seized.
( 7 ) AUTOPSY on the dead body of the deceased was conducted by Dr. Avinash Sood PW1 at Civil Hospital, Hoshiarpur at 12 noon on 29/06/1990. The
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