2011 Supreme(SC) 135

2011 (1) Supreme 653
SUPREME COURT OF INDIA
Markandey Katju and Gyan Sudha Misra, JJ.
Jagga Singh & Anr. — Appellant(s)
versus
State of Punjab — Respondent(s)
Criminal Appeal No(s). 807 of 2007
Decided on : 3-2-2011

Headnote:Indian Penal Code,1860-Section 302-Appeal against judgment of High Court wherein accused persons three in number were convicted under section 302- Appellants were held entitled to get benefit of doubt so far as offence under Section 302 Indian Penal Code was concerned because prosecution case was that H was taken away by accused and after 15/20 minutes gun shots were heard- However, the post mortem examination on dead body of deceased found that there were only lacerated wounds- There was no gun shot wound on the body of deceased- Hence, some doubt was created in the prosecution version regarding the charge under Section 302 IPC whose benefit would go to accused- Thus appellants were entitled to get benefit of doubt on that charge and consequently they were acquitted of charge under Section 302 IPC- However, held that appellants were guilty under Section 325 IPC read with Section 34 IPC because admittedly a gun shot was fired at B which hit him in the leg- Impugned judgment of High Court modified to said extent - Appeal disposed off. (Paras 6 to 8)

       Facts of the Case :

        As per prosecution case 3 accused came to the house of Raja Singh. Later, one of them fired at Baggar Singh on his right thigh. Baggar Singh fell down. Then the accused took away the deceased Hoshiar Singh towards village Heerawala. After about 20 minutes the sound of 3 or 4 shots was heard. Next morning the dead body of Hoshiar Singh was found.

        2. The trial Court convicted Jagga Singh to 7 years R.I.and a fine under Section 307 IPC. Jagtar Singh and Kaka Singh were also sentenced to 7 years R.I. and a fine. The appeals of the accused to the High Court were dismissed, but the appeal of the State regarding acquittal of the accused under Section 302 read with Section 34 was allowed, and they were convicted under Section 302.

        3. Present appeal has been filed against said order of High Court.

       Findings of the Court :

        Appellants were held entitled to get benefit of doubt so far as offence under Section 302 Indian Penal Code was concerned because prosecution case was that H was taken away by accused and after 15/20 minutes gun shots were heard. However, the post mortem examination on dead body of deceased found that there were only lacerated wounds. There was no gun shot wound on the body of deceased. Hence, some doubt was created in the prosecution version regarding the charge under Section 302 IPC whose benefit would go to accused. Thus appellants were entitled to get benefit of doubt on that charge and consequently they were acquitted of charge under Section 302 IPC. However, held that appellants were guilty under Section 325 IPC read with Section 34 IPC because admittedly a gun shot was fired at B which hit him in the leg. Impugned judgment of High Court was modified to said extent. Appeal disposed of.