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SUPREME COURT OF INDIA
SOHAN
Versus
State of Haryana and anr
Decided on : March 2, 2001
Motive - Criminal Appeal - Sections 148, 302 read with Section 149 of IPC - The judgment discusses the motive behind the crime, the approach of the Sessions Judge, and the High Court's affirmation of the judgment. It highlights the lack of corroboration for the sole evidence of the witness, the non-examination of key witnesses, and the failure to establish guilt beyond reasonable doubt.
Fact of the Case:
The deceased and a witness were attacked by six accused due to a land dispute. The witness claimed to have witnessed the attack and provided the sole evidence against the accused. The Sessions Judge convicted the accused based on this evidence.
Finding of the Court:
The Court found that the approach of the Sessions Judge was erroneous and one-sided. It highlighted the lack of corroboration for the witness's evidence, the non-examination of key witnesses, and the failure to establish guilt beyond reasonable doubt. The High Court affirmed the judgment without re-evaluating the evidence objectively.
Issues: The issues included the credibility of the witness, the lack of corroboration for the sole evidence, the non-examination of key witnesses, and the failure to establish guilt beyond reasonable doubt.
Ratio Decidendi: The Court's decision was based on the lack of corroboration for the sole evidence, the non-examination of key witnesses, and the failure to establish guilt beyond reasonable doubt.
Final Decision: The Court set aside the judgment and order of the Sessions Court as affirmed by the High Court, acquitted the accused, and discharged their bail bonds.
Judgment
SHIVARAJ V. PATIL, J.
( 1 ) THESE appeals are directed against the judgment and order of the High Court of Punjab and Haryana made in Criminal Appeal No. 454-DB of 1985.
( 2 ) THESE appellants were accused Nos. 1 to 6 before the Sessions Court. A-1 is the father of A-2, A-3 is the father of A-4 to A-6. A-1 and A-3 are brothers by birth.
( 3 ) THE prosecution case as unfolded by PW 7 at the trial is that on 11-2-1985 the deceased Daya Nand and PW 7 Hoshiar Singh had started from their village in order to reach Bhiwani to attend Court hearing in the appeal. When they were at the outskirts of the village, the six accused emerged from behind stones. Randhir (A-2) and Kartar (A-5) were armed with pharsis and rest of them with lathis. They surrounded the deceased and PW 7 saying "in Ko Aaj Yahin zamin dai do aur khata kar do". Looking to the danger, the deceased and PW 7 ran into the nearby house of Nanak, the door of which was open. The accused chased them. PW 7 ran ahead deeper into the house and reached a point where there is a Neem tree and which is at higher level. He looked back and saw Daya Nand had scaled a dauli (a small wall ). He was overtaken by Randhir who had also jumped over the dauli. Randhir gave a pharsi blow on Daya Nand. At that stage, accused Partap reached there and he also gave three lathi blows to Daya Nand in the back. Sohan, Ramanand and Rajinder also arrived there and each of them gave one lathi blow to Daya Nand. Sumer, son of Nanak, the owner of the house having come out of the house also saw this occurrence. After dealing with Daya Nand, the accused proceeded to chase PW 7 but he ran away to his house. After reaching home, he narrated, as to what happened, to his brother Dani Ram and cousin Tara Chand who were sitting at the entrance of the house and brought them to the spot of occurrence. They found Daya Nand lying unconscious and the accused had run away. They took Daya Nand to his house. From there, they brought him to Primary Health Centre at Gopi at about 8. 00 or 8. 15 a. m.
( 4 ) ACCORDING to PW 1, Dr. Dilbagh Singh, Incharge of the Gopi Primary Health Centre, Daya Nand was brought to hospital at 8. 30 a. m. His condition was serious as he was having multiple injuries; after giving emergency treatment, referred him to General Hospital, Bhiwani giving a ruqa to Police Station, Badhra.
( 5 ) PW 2, Dr. R. N. Swami, attended Daya Nand at General Hospital, Bhiwani. He sent ruqa at 10. 10 a. m. to the Incharge, Police Post, General Hospital, Bhiwani and proceeded with medical examination. He found 12 injuries on Daya Nand. In response to the ruqa sent by PW 2, Sub-Inspector, Udey Chand (PW 9), Incharge, Police Post, General Hospital, Bhiwani reached the emergency ward at 10. 20 a. m. to find out if Daya Nand was in a fit condition to make statement. The doctor gave opinion that Daya Nand was unfit to make a statement. PW 9 has stated that a man who was present by the side of Daya Nand told him that PW 7 had gone to bring medicine. PW 9, Udey Chand could meet PW 7 at about 12. 15 p. m. and recorded his statement as per Ex. PK/1 which constituted F. I. R. in the case. With his endorsement PK/2, PW 9 gave ruqa Ex. P. C. along with his application made to the doctor and copy of M. L. R. with a direction to carry to the Police Station, Badhra for the registration of the case.
( 6 ) DAYA Nand died at 12. 10 a. m. on 12-2-1985. PW 2, Dr. Gupta intimated this fact to the Incharge, Police Post of the Hospital, Bhiwani. The dead body was subjected to post-mortem examination by Dr. R. G. Jindal (PW 4 ). The accused Randhir surrendered to the Court on 14-2-1985. The remaining accused were also arrested on 15-2-1985. Thereafter recoveries were made at the instance of the accused as per the details given in the judgment of the Sessions Judge in paragraphs 20-27.
( 7 ) IN support of the case, the prosecution examined 12 witnesses including PW 6 Amir Chand, Draftsman and PW 10 Deep Chand, the Headmaster of Gove
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