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2011 (7) Supreme 242
SUPREME COURT OF INDIA
Aftab Alam and Ranjana Prakash Desai, JJ.
Pancho — Appellant
versus
State of Haryana — Respondent
Criminal Appeal No.1050 of 2005
with
Pratham — Appellant
versus
State of Haryana — Respondent
Criminal Appeal No.1222 of 2005
Decided on : 20-10-2011
(2008) 17 SCC 128 – Relied upon
(b) Criminal Trial – Discovery of articles – Belated discovery of articles raises a question about their intrinsic evidentiary value. (Para 13)
(c) Evidence Act, 1872 – Sections 3, 30 – Although confession is not strictly an evidence it may be taken into consideration – It cannot be treated as substantive evidence against a co-accused. (Para 16)
AIR 1952 SC 159; 76 Indian Appeals 147; 38 Cal. 559; AIR 1964 SC 1184 – Relied upon
(d) Criminal Trial – When there is no other reliable evidence establishing involvement of the accused, he cannot be convicted on the basis of the alleged extra-judicial confession of the co-accused (Para 17)
Facts of the case:
This case relates to scope and applicability of sections 302/34 and 392 IPC.
Finding of the Court:
Impugned judgment cannot be sustained.
JUDGMENT
(SMT.) RANJANA PRAKASH DESAI, J.
1. These two appeals, by special leave, can be disposed of by a common judgment as they arise out of the same facts and challenge the same judgment and order dated 3/5/2005 of the Punjab and Haryana High Court. Criminal Appeal No.1050 of 2005 is filed by original accused 2 - Pancho and Criminal Appeal No.1222 of 2005 is filed by original accused 1 - Pratham. For the sake of convenience, original accused 1 - Pratham is referred to as “A1-Pratham”, original accused 2 - Pancho is referred to as “A2-Pancho” and original accused 3 - Gajraj is referred to as “A3-Gajraj”.
2. A1-Pratham, A2-Pancho and A3-Gajraj were tried by the Additional Sessions Judge, Faridabad in Sessions Case No.40 of 11.12.2002 / 30.11.1999 for offence punishable under Section 396 of the Indian Penal Code (for short, “the IPC”). According to the prosecution, two more persons were involved in the offence in question viz. Shishu Ram @ Shishu, who expired after the charge was framed and one Bhago, who is absconding. He is declared absconder.
3. Shortly stated the case of the prosecution is that PW-1 Jagat Singh, brother of deceased Kartar Singh lodged FIR (Ex-PA) on 8/2/1999 at 8.40 a.m. with PW-12 ASI Keshav Ram at Sadar Palwal, Faridabad. PW-1 Jagat Singh reported that on 7/2/1999 deceased Kartar Singh had left their house for the Sugar Mill, Palwal. He drove his own tractor. He was to bring back two trolleys of sugar cane which were already parked outside the Sugar Mill. PW-1 Jagat Singh further reported that on 8/2/1999 at about 7.00 a.m., they were informed that the dead body of Kartar Singh was lying in a pool of blood at a distance of 10 feet from the road in the field of PW-1 Jagat Singh, a resident of Gopalgarh. Both the trolleys were parked on the road side but the tractor was not at the spot. PW-1 Jagat Singh further reported that some unknown persons opened fire at deceased Kartar Singh due to which he sustained injuries on his waist and succumbed to the said injuries. PW-1 Jagat Singh further reported that the said unknown persons had taken away the tractor.
4. It appears that till 31/7/1999, the investigating agency did not make any progress. According to the prosecution, on 31/7/1999, A1-Pratham approached PW-4 Nathi Singh, Ex-Member of Panchayat and told him that on 5/2/1999 when he, accused-Shishu and A3-Gajraj were sitting in the house of A1-Pratham, A3-Gajraj told them that they were in need of money. A2-Pancho told them that he had a country made pistol. They discussed about the Sugar Mill at Bamnikhera where some farmers came with new tractors. They planned a robbery. They went on a truck to Bamnikhera at 7.00 p.m. where A3-Gajraj and accused-Shishu had a conversation with deceased Kartar Singh. When the tractor was unloaded, both of them accompanied deceased Kartar Singh in his tractor. Accused-Shishu and A1-Pratham were standing outside. When the tractor traveled a distance of two killas, A3-Gajraj gave a signal to A2-Pancho, who fired a shot at deceased Kartar Singh from his country made pistol. A3-Gajraj stopped the tractor, removed the dead body of deceased Kartar Singh and threw it in a wheat field. They left the tractor trolley at the spot and ran away with the tractor so as to reach Paramendra via Barsana. A1-Pratham is further stated to have told PW-4 Nathi Singh that they took the tractor to accused-Bhago and narrated the entire incident to him and asked him to sell the tractor and thereafter they went back to their house. A1-Pratham is further stated to have told PW-4 Nathi Singh that they came back after a couple of days and came to know that the tractor could not be sold. Therefore, they removed some parts of the tractor and left it on the road near Bharatpur. As desired by A1-Pratham, he was produced before PW-24 Inspector Raghbir Singh on 31/7/1999 by PW-4 Nathi Singh. PW-24 Inspector Raghbir Singh arrested A1-Pratham and interrogated him. According to PW-24 Raghbir Singh, during inter
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