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SUPREME COURT OF INDIA
A. K. Patnaik, Gyan Sudha Misra, JJ.
Baldev Singh – Appellant
Versus
State of Punjab – Respondent
CRIMINAL APPEAL No. 1303 of 2005
Balwinder Singh – Appellant
Versus
State of Punjab – Respondent
CRIMINAL APPEAL No. 1380 of 2005
Decided On : 20-09-2013
1990 (Supp) SCC 656 - Relied upon
(2012) 1 SCC 10 - Relied upon impliedly
(b) Criminal Trial - Evidence - Appreciation of - Evidence recorded after more than two years of incident - FIR also lodged belatedly - Delay in lodging FIR already explained - Such evidence cannot be disbelieved merely because of delay in recording the same. (Para 18)
(2005) 3 SCC 689; (2009) 8 SCC 383 - Distinguished
(c) Criminal Trial - Evidence - Appreciation of - Plea of enmity between witness and accused - Evidence cannot be discarded only on ground of enmity - Such evidence however has to be scrutinized more carefully. (Para 20)
(2008) 16 SCC 73 - Relied upon
(d) Code of Criminal Procedure, 1973 - Sections 161 and 162 - Omission - Some omissions occurring in statement u/s 161 added in statement u/s 162 - Such facts, not being significant, cannot be taken as contradiction so as to disbelieve prosecution story. (Para 21)
(2004) 9 SCC 431; (2005) 10 SCC 216; (2010) 13 SCC 657 - Distinguished impliedly
(e) Indian Penal Code, 1860 - Section 302 - Seven persons abducted by Police - All seen at different times at different places - Complainant apprehending killing of the abducted persons - Police had to discharge burden u/s 106 Evidence Act and explain the what they did with those persons - Offence u/s 302 not made out. (Para 27)
(2003) 3 SCC 353; (2012) 6 SCC 403; (2004) 10 SCC 131; (2001) 8 SCC 311; (2008) 3 SCC 681 - Relied upon impliedly
Facts of the case:
Nine accused persons were tried for offences under Sections 120-B, 148, 452, 364, 365, 302 read with Section 120-B and 201, IPC.
They were convicted under Sections 452, 364, and 302 read with Section 120-B, IPC
High Court dismissed the appeal.
Finding of the Court:
Conviction u/ss 364 and 452, IPC are upheld but that u/s 302 cannot be sustained.
Result : Appeal allowed partially.
JUDGMENT
A. K. PATNAIK, J.
These are appeals by way of special leave under Article 136 of the Constitution against the common judgment dated 06.04.2005 of the High Court of Punjab and Haryana in Criminal Appeal No.221-DB of 1998.
Facts of the case:
2. The facts very briefly are that Inder Singh sent an application dated 19.01.1992 by registered post with A.D. to the Director General of Police, Punjab, for releasing seven members of his family. In the application, Inder Singh alleged that on 29.10.1991 at 5.00 a.m. Baldev Singh, Deputy Superintendent of Police, and Balwinder Singh, Police Constable (the appellants herein) and other police men raided their house and picked up seven members of his family. They are Sadhu Singh (his father), Hardev Singh (his son), Gurdip Singh and Amanjit Singh (his brothers), Sharanjit Singh (son of his younger brother Sajjan Singh) and Davinder Singh and Sukhdev Singh (two sons of his younger brother Khazan Singh). Inder Singh further stated in the aforesaid application that he has seen his family members, who were picked up, in Fatehgarh Churian, Police Station Kalanaur, Dera Baba Nanak and Police Station Kathu Nangal and on 08.01.1992, his son Sarwan Singh has seen these persons in the police vehicle in Amritsar. In the application, Inder Singh stated that he had fear that the appellant-Baldev Singh may kill his family members or may implicate in some case and he requested that they be released from illegal detention of the police at the earliest. By Memo dated 21.03.1994, the Inspector General of Police, Crime Branch directed the Senior Superintendent of Police, Majitha, to get the case registered and accordingly a formal FIR was registered under Section 364 of the Indian Penal Code (for short ‘IPC’) on 23.03.1994 in Police Station, Kathunangal, District Majitha. After investigation, charges were framed against nine accused persons including the appellants and as per the amended charges, nine accused persons were tried for offences under Sections 120-B, 148, 452, 364, 365, 302 read with Section 120-B and 201, IPC.
3. At the trial, fourteen prosecution witnesses were examined. Inder Singh was examined as PW-3 and he stated that on 29.10.1991 the two appellants accompanied by twenty to twenty five persons came in vehicles to the house and took away the seven members of his family. PW-3 has further deposed that he and his other relatives had approached the higher authorities but all his efforts to get the seven persons released did not yield any result. The evidence of PW-3 was corroborated by his brother Sajjan Singh who was examined as PW-4 as well as Jarnail Singh, a relation of PW-3, who was examined as PW-5. Sarwan Singh, the son of PW-3, was also examined as PW-6 and he stated that on 08.01.1992 he happened to be present at the shop near the bus stand at Amritsar when he noticed a Police Gypsy going on the road and saw that his brother Hardev Singh was sitting in the vehicle and even he gave a signal by raising his hand. He also stated that there were other persons sitting in the vehicle but he did not see them and made an attempt to chase the vehicle but he could not do so. The appellants also examined as many as eleven witnesses in their defence that they have not taken anybody in their custody as alleged by the prosecution.
4. The trial court rejected the defence of the appellants and convicted the appellants under Sections 452, 364, and 302 read with Section 120-B, IPC, by its judgment dated 30.03.1998. The trial court thereafter heard the appellants on the question of sentence and sentenced the appellants to three years rigorous imprisonment and a fine of Rs.3,000/- for the offence of house trespass for wrongful restraint under Section 452, IPC, five years rigorous imprisonment and a fine of Rs.4,000/- for the offence of abduction of Sadhu Singh, Gurdip Singh, Hardev Singh, Amanjit Singh, Sharanjit Singh, Davinder Singh and Sukhdev Singh in order to murder under Section 364, IPC and rigo
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