IMPORTANT POINTS
Trustworthy and reliable evidence of a witness cannot be discarded merely because no TI Parade was conducted.
Finding in earlier proceeding operates as issue estoppel as against acceptance/reception of evidence in subsequent proceeding to disturb such finding.
When incriminating circumstances are not explained by the accused, his conviction cannot be faulted.

Headnote:(a) Indian Evidence Act, 1872 – Section 3 – T.I. Parade – Absence of – Trustworthy and reliable evidence of a witness cannot be discarded merely because no TI Parade was conducted – Instantly evidence of PW 17 trustworthy and reliable – Corroborated by other circumstances and recovery of weapon – No infirmity in conviction of Ashwani Kumar and Anil Kumar. (Para 17, 18)
       (2014) 4 SCC 747 – Relied upon
       (b) Criminal trial – Issue estoppel – Evidence in subsequent proceeding designed to upset finding of fact in earlier proceeding – Finding in earlier proceeding operates as issue estoppel as against acceptance/reception of evidence in subsequent proceeding to disturb such finding – Counsel for appellant seeking to rely on the finding in subsequent proceeding to up-set a previous finding of fact – Not permissible. (Para 19)
       (2012) 7 SCC 621 – Relied upon
       (c) Criminal trial – Conviction – Appellant a serving police official – The tempo used in the crime under full control of the appellant at relevant time – Incriminating circumstances not explained by him – Conviction fully justified. (Para 20)
       (d) Criminal trial – Incriminating circumstance explained – No clinching evidence – Appellant entitled to benefit of doubt. (Para 21)
       Facts of the case:
       Initially eleven persons were sent for trial for offences u/s 364/302/307 read with Section 120B IPC, while two absconding accused were marked as proclaimed offenders. The trial court convicted seven out of those eleven accused and acquitted four accused.
       The High Court acquitted three more accused, confirming the conviction and sentence of the present appellants.
       Finding of the Court:
       There is no infirmity in conviction of Ashwani Kumar @ Ashu, Anil Kumar and Joginder Singh.
       Darshan Singh is entitled to benefit of doubt.
       Result: Criminal Appeal Nos.1041-1042 of 2008 preferred by Ashwani Kumar @ Ashu and Joginder Singh and Criminal Appeal No.1043 of 2008 by Anil Kumar dismissed. The appeal of Darshan Singh, namely, Crl. Appeal No.1814 of 2009 allowed

Judgment

Uday Umesh Lalit, J.

1. These appeals by special leave challenge the judgment and order dated 15.02.2008 passed by the High Court of Punjab and Haryana. Criminal Appeal Nos.1041-1042 of 2008 are by Ashwani Kumar @ Ashu and Joginder Singh, Criminal Appeal No.1043 of 2008 is by Anil Kumar while Criminal Appeal No.1814 of 2009 is by Darshan Singh. The appellants stand convicted under Sections 364/302/307 read with Section 120B IPC. Since these appeals arise from the same judgment, they are being dealt with and disposed by this common judgment. Initially eleven persons were sent for trial while two absconding accused were marked as proclaimed offenders. The trial court convicted seven out of those eleven accused and acquitted four accused. In the appeals by the convicted accused, the High Court acquitted three more accused, confirming the conviction and sentence of the present appellants. Since the acquittal of others has attained finality, the facts narrated hereafter are confined to the appellants herein.

2. One Jaswinder Kaur @ Jassi, normally residing with her parents in Canada, married PW-15 Sukhwinder Singh resident of village Kaoka Khosa, District Sangroor, Punjab on 15.04.1999. It was a court marriage and against the wishes of her parents and her maternal uncle. Jassi thereafter went to Canada on 02.05.1999 and while she was there, on the basis of a fax message (Ext.PAO) allegedly under her signature, FIR No.38 dated 23.02.2000 was registered with Police Station Sadar Jagraon against PW 15 Sukhwinder Singh under Sections 342, 467, 468, 471 and 506 of the IPC. When Jassi got to know about this, she came back to India and appeared before the police. Her statement was recorded that she had married PW 15 Sukhwinder Singh out of her free will, that the alleged signature on the fax message was not hers and that the marriage was not to the liking of her parents and maternal uncle. Her statement under Section 164 Cr.P.C. was also recorded and thereafter closure in respect of said crime was ordered. Jassi then started living with her husband in the house of PW 20 Sukhdev Singh, maternal uncle of her husband, in village Narike.

3. On 08.06.2000 PW 15 Sukhwinder Singh and Jassi were coming back on a scooter from Malerkotla to their village and when they had reached village Sykhe at about 9.30 PM, four persons armed with hockey sticks and swords got down from a white Maruti car and attacked them. PW 15 Sukhwinder Singh received number of injuries. Leaving him in injured condition, those persons forcibly took away Jassi in that car. PW 15 Sukhwinder Singh somehow managed to reach the house of PW 20 Sukhdev Singh who got him admitted in the Civil Hospital, Malerkotla, where PW-1 Dr. Amit Modi found him to have suffered the following injuries:-

1. 2 X 1cm incised wound over left side of face 2 cm below ear pinna.

2. Swelling and tenderness over left side of mandible.

3. 10 X .5 cm wound over left side of scalp 8 cm over left pinna.

4. 4X .5 cm incised wound over left side of scalp in temporal area 2 cm above ear pinna.

5. 3 X .5cm incised wound over left side of scalp 3 cm above ear pinna in temporal area 2 cm from injury No. 4.

6. 4.5 X .5cm incised wound over left side of scalp 6 cm above ear pinna 1cm away from injury No. 4 and 2cm away from injury No. 5

7. 4 X 3cm lacerated wound with this much of it hanging and attached to remaining scalp by superficial layer of skin only 1cm from injury No. 6. For injuries No. 1 to 7 X-ray was advised.

8. 8 X 4cm incised wound from web space between middle and ring finger proximally towards wrist joint-cutting all structures from skin to skin from dorsal to ventral aspect of hand, cutting, skin, nerves, tenden and bone.

9. 2 x .5cm incised wound over right little finger proximal phalanx over the dorsal aspect.

10. Right ring finger amputated obliquely at middle phalanx. Wound margins sharp clean cut.

For injuries No. 8 to 10 X-ray was advised. In all the injuries except injury No. 2 fresh bleeding was pr

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2015 Supreme(SC) 323

SUPREME COURT OF INDIAMadan B. Lokur, Uday Umesh Lalit, JJ.Ashwani Kumar @ Ashu & Anr. - AppellantsVersusState Of Punjab - RespondentCRIMINAL APPEAL NOs.1041-1042 of 2008 WITH CRIMINAL APPEAL NO.1043 OF 2008 AND CRIMINAL APPEAL NO.1814 OF 2009Decided on: 16-04-2015

Cases Referred (2)

SUPREME COURT OF INDIA
Madan B. Lokur, Uday Umesh Lalit, JJ.
Ashwani Kumar @ Ashu & Anr. - Appellants
Versus
State Of Punjab - Respondent
CRIMINAL APPEAL NOs.1041-1042 of 2008 WITH CRIMINAL APPEAL NO.1043 OF 2008 AND CRIMINAL APPEAL NO.1814 OF 2009
Decided on: 16-04-2015