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SUPREME COURT OF INDIA
BHOLA SINGH
Versus
STATE OF PUNJAB
Decided on : November 26, 1998
CRIMINAL LAW - SECTION 302, 34, INDIAN PENAL CODE - FACTUAL MATRIX - EYE-WITNESS TESTIMONY - MEDICAL EVIDENCE - CONVICTION - APPEAL - HELD, CONVICTION UNSAFE AND UNSOUND - APPEAL ALLOWED.
Fact of the Case:
Appellant was convicted under Section 302, Indian Penal Code read with Section 34, Indian Penal Code for causing injuries to the deceased leading to his death. The prosecution relied on the testimony of two eye-witnesses, Kartar Singh and Didar Singh, who claimed to have witnessed the incident.
Finding of the Court:
The court found that the injuries suffered by the deceased were from a blunt weapon, as indicated by the post-mortem report, and that it was highly improbable that the accused would have used the blunt side of the sharp weapons like Gandasa and Ghop.
Issues: 1. Whether the eye-witness testimony of Kartar Singh and Didar Singh was reliable. 2. Whether the injuries suffered by the deceased were consistent with the use of blunt weapons.
Ratio Decidendi: The court held that the eye-witness testimony of Kartar Singh and Didar Singh was unreliable as they had not mentioned in the F.I.R. that the accused had used the blunt side of the weapons. The court also held that the injuries suffered by the deceased were not consistent with the use of blunt weapons, as it was highly improbable that the accused would have used the blunt side of the sharp weapons like Gandasa and Ghop.
Final Decision: The court allowed the appeal, set aside the conviction passed by the trial Court as confirmed by the High Court, and set the appellant at liberty.
Judgment
RAJENDRA BABU, J.
( 1 ) THIS appeal, by special leave, is directed against the order made by the High Court affirming the order of Sessions Court in convicting the appellant under Section 302, Indian Penal Code read with Section 34, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2,000. 00.
( 2 ) THE prosecution case as unfolded before trial Court is as follows :on 12-7-1992 at about 5 p. m. Saun Singh (deceased) accompanied by his son Didar Singh and son-in-law Kartar Singh attempted to cut kikar trees and the same was objected to by Puran Singh asking him to wait till the actual demarcation of the trees and refrained him from cutting the trees till then. Saun Singh returned along with his son and son-in-law to his house. On the next morning that is on 13-7-1992 at about 6 a. m. Saun Singh accompanied by his son and son-in-law proceeded towards his field when Balwinder Singh, Bhola Singh (appellant) and Lakhbir Singh who were armed with a Gandasa and Jagsir Singh who was armed with a Ghop attacked him. Bhola exhorted that Saun Singh be not permitted to go and he be taught a lesson for attempting to cut kikar trees. Appellant Bhola assaulted Saun Singh from the blunt side of the Gandasa on his right arm. He also inflicted a second blow causing injury on the head of Saun Singh again by the blunt side of the Gandasa. Saun Singh fell on the ground when acquitted accused Jagsir Singh assaulted Saun Singh with Ghop dang wise which hit Saun Singh on the right arm at the same place where earlier the appellant Bhola had inflicted the injury. This was followed by assault made by appellant Balwinder Singh who used Gandasa from the blunt side and gave blows on the left and right leg near the ankle. Kartar Singh and Didar Singh raised alarm and shouted for help. The accused persons then turned towards them to assault them but they ran away from the place of occurrence to save their lives. It appears that Kartar Singh made arrangements for taking Saun Singh to the hospital who was found to have died at 8 a. m. A First Information Report (F. I. R.) was registered at 10. 30 a. m. regarding the incident that had taken place. After conducting inquest proceedings the dead body of Saun Singh was sent for post-mortem examination. Dr. Ramesh Kumar conducted the post-mortem examination and he found the following ante-mortem injuries on the body of the deceased Saun Singh :-1. A lacerated wound 5 cms x 1/2 cm transversely placed on left side of head, 8 cms from posterior hair line and it starts from 1 cm above left pinna. On dissection wound was going deep through scalp, underlying bone was fractured, on further dissection membranes and brain matter were lacerated and cardial cavity was full of blood. 2. Lacerated wound 5 cms x 1/2 cm x 1 cm longitudinally placed on front of left leg, 6 cms on ankle joint. On dissection wound was going deep to skin muscle and clotted blood was present. 3. LACERATED wound 5 cms x 1/2 cm longitudinally placed on front of right leg. 11 cms from knee joint. On dissection wound 1 cm muscle deep. Clotted blood was present. 4. LACERATED wound 2 cms x 1/2 cm on front of right leg longitudinally placed 8 cms from ankle joint. On dissection wound was 1 cm deep in muscle. Clotted blood was present. 5. CONTUSION 6 cms x 1 cm obliquely placed on posterior side of left fore-arm on its middle. On dissection underlying bones were fractured and clotted blood was present. 6. CONTUSION 5 cms x 1 cm obliquely placed on lateral side of right fore-arm on its middle. On dissection underlying bones were fractured. Clotted blood was present. 7. ABRASION 1 cm x 1 cm on middle of left clavical. On dissection underlying bone was fractured and clotted blood was present. THE opinion was furnished that Saun Singh died on account of injuries causing shock and haemorrhage. The accused were charge-sheeted on the aforesaid allegations. The prosecution principally relied upon two eye-witnesses of th
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