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SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
SURESH SINGHAL – APPELLANTS
VERSUS
STATE (DELHI ADMINISTRATION) – RESPONDENTS
CRIMINAL APPEAL No. 1548 OF 2011
Decided On : 02-02-2017
(b) Indian Penal Code, 1860 – Section 97 – Deceased and his brothers strangulating appellant – Appellant had the right to self defence – Appellant exercising right of self defence in good faith in his own defence and without premeditation – However, he exceeded the right. (Para 23, 25)
(2010) 2 SCC 333 – Relied upon
(c) Indian Penal Code, 1860 – Section 304 – Appellant firing at deceased with the intention of causing death or of causing such bodily injury as is likely to cause death – Held, guilty of offence u/s 304 – Sentenced to the period undergone. (Para 32)
Facts of the case:
The deceased-Shyam Sunder and Kishan Lal, both brothers, were killed in the incident at the office of Lala Harkishan Dass located at Rajendra Park, Nangloi. Lala Harkishan Dass had arranged a meeting for settling a dispute that had arisen between the appellant and the deceased.
The deceased-Shyam Sunder and his two brothers Hans Raj and Kishan Lal were already at the office of Lala Harkishan Dass. The appellant-Suresh Singhal and his father Pritpal Singhal accompanied by another man (Roshan Lal) reached the office at about 5.00 pm. As soon as they entered the office, there was an altercation between the appellant and the deceased. The appellant took out his revolver and shot Shyam Sunder. Thereafter, the appellant and his father Pritpal Singhal who had come to the office in a car, left the car behind and fled the place in the car of another visitor.
The Sessions Court convicted the appellant for the murder of Shyam Sunder under Sections 302 and 304 read with Section 34 of Indian Penal Code for the murder of Kishan Lal. His co-appeallant-Pritpal Singhal who died on 28.03.2007, during the pendency of the suit was also convicted under Section 307 read with Section 34 of IPC for attempting the murder of Hans Raj. The third accused Roshan Lal was acquitted.
Finding of the Court:
Appellant rightly exercised his right to self defence but exceeded it.
Result: Appeal partly allowed.
JUDGMENT
S. A. BOBDE, J.
This appeal is directed against the judgment dated 01.09.2010 of the Delhi High Court in Criminal Appeal No.232 of 1997 filed by the appellant-Suresh Singhal against his conviction and the sentence awarded to him. The appeal filed by the State seeking death penalty for the appellant and against the acquittal of Roshal Lal was dismissed by the High Court in Criminal Appeal No.226 of 1997.
THE INCIDENT
2. The appellant was prosecuted for the incident that occurred on the 04.03.1991 at about 5.15 pm. The deceased-Shyam Sunder and Kishan Lal, both brothers, were killed in the incident at the office of Lala Harkishan Dass located at Rajendra Park, Nangloi. The statement of Lala Harkishan Dass was recorded. He had arranged a meeting for settling a dispute that had arisen between the appellant and the deceased. The appellant had apparently agreed to sell a property through a property dealer, namely the deceased-Shyam Sunder. The purchasers were the Gurdaspur Party. Apparently there was some misunderstanding between the parties and eventually a meeting was arranged at the office of Lala Harkishan Dass.
3. The deceased-Shyam Sunder and his two brothers Hans Raj and Kishan Lal were already at the office of Lala Harkishan Dass. The appellant-Suresh Singhal and his father Pritpal Singhal accompanied by another man (Roshan Lal) reached the office at about 5.00 pm. As soon as they entered the office, there was an altercation between the appellant and the deceased. The appellant took out his revolver and shot Shyam Sunder. Thereafter, the appellant and his father Pritpal Singhal who had come to the office in a car, left the car behind and fled the place in the car of another visitor.
4. The Sessions Court convicted the appellant for the murder of Shyam Sunder under Sections 302 and 304 read with Section 34 of Indian Penal Code (hereinafter referred to as ‘IPC’) for the murder of Kishan Lal. His co-appeallant-Pritpal Singhal who died on 28.03.2007, during the pendency of the suit was also convicted under Section 307 read with Section 34 of IPC for attempting the murder of Hans Raj. The third accused Roshan Lal was acquitted.
In the incident Shyam Sunder and Kishan Lal were killed.
WITNESSES TO THE SHOOTING
5. The actual shooting was claimed to have been witnessed by Lala Harkishan Dass (PW-2), Hans Raj (PW-3) and Raj Kumar (PW-4). Lala Harkishan Dass (PW-2) was declared hostile. Hans Raj (PW-3) is the injured eye-witness, and the brother of the deceased-Shyam Sunder.
6. Two distinct versions about the actual shooting have arisen from the deposition of the witnesses. One version is that there was no scuffle before which the appellant fired at the deceased. The other is that there was a scuffle in which the appellant was attempted to be strangulated.
NO SCUFFLE
7. The first version is mainly deposed to by Hans Raj (PW-3). Hans Raj is the brother of the deceased. He went to the office of Lala Harkishan Dass where the parties had decided to meet to resolve the dispute. He deposed that the moment the deceased entered the room, the appellant asked his brother-the deceased, to tell him what had happened yesterday. The deceased got up and responded to it by asking the appellant whether he had come to settle the dispute or to quarrel. The appellant said that there won’t be any quarrel but something different would happen. This witness said that “he then took out a revolver from his coat pocket and fired at my brother-Shyam Sunder.” This is all that the witness stated about the actual shooting. Thereafter this witness stated that he tried to catch hold of the appellant but the appellant exhorted his father to finish all the brothers. Thereafter, Pritpal Singhal took out a revolver from his pocket and both the appellant as well as Pritpal Singhal started firing at him and his brother-Kishan Lal. In the firing he was injured and received one bullet in his stomach. This version significantly does not speak of any scuffle preceding
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