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2017 Supreme(SC) 892
SUPREME COURT OF INDIA
Ashok Bhushan, Deepak Gupta, JJ.
State of Punjab – Appellant
Versus
Pargat Singh and Others – Respondents
Criminal Appeal Nos. 1301 & 1302 of 2010
Decided On : 09-06-2017
For the Appellants : Shivek Trehan and Kuldip Singh.
For the Respondent: Ms. Prerna Mehta.
In a case of acquittal, if two views are possible, the Court shall not interfere in a judgment acquitting the accused.
Headnote:
Acquittal - Criminal Appeal - Section 302/34, 307/34 and 120-B - [Section 302/34, Section 307/34, Section 120-B] - The court discussed the prosecution case, the conviction by the Trial Court, and the acquittal by the High Court. It highlighted the defense arguments, the mechanical test report, and the absence of weapons to support the conclusion of false implication due to previous enmity. The court endorsed the High Court's view that it was a case of accident and acquitted all the accused.
Fact of the Case:
The State of Punjab filed appeals challenging the High Court's judgment acquitting the accused who were convicted and sentenced under Section 302/34, 307/34, and 120-B by the Trial Court. The prosecution case involved a truck-jeep accident resulting in one death and injuries to others.
Finding of the Court:
The High Court acquitted the accused based on the defense arguments, mechanical test report, absence of weapons, and the possibility of false implication due to previous enmity. The Supreme Court endorsed the High Court's view and dismissed the appeals.
Issues: The issues involved the conviction by the Trial Court, the defense arguments, and the High Court's acquittal based on the possibility of false implication due to previous enmity.
Ratio Decidendi: The court endorsed the High Court's view that it was a case of accident and acquitted all the accused based on the absence of evidence supporting a conspiracy or intention to commit murder.
Final Decision: The criminal appeals were dismissed, and the Supreme Court upheld the High Court's acquittal of all the accused.
ORDER :
1. Heard learned counsel for the appellant.
2. These appeals have been filed by the State of Punjab challenging the impugned judgment of the High Court for the States of Punjab and Haryana at Chandigarh dated 4th February, 2009 in Criminal Appeal Nos. 479 and 522 of 2007 acquitting the appellants. The order passed by the learned Additional Sessions Judge dated 27th February, 2007 convicting and sentencing the appellants under Section 302/34, 307/34 and 120-B was set aside by the High Court. Aggrieved by the order of acquittal granted by the High Court, the State has come up in these appeals.
3. The prosecution case, as emerged from the record, is as follows:-
"Ajmer Singh @ Kaka Singh S/o Veer Singh, complainant is the resident of Village Khai. On 16.9.2004 he, along with his S/o Gobind Singh and Swaran Singh S/o Gurdev Singh, after attending the Court of Additional Sessions Judge, Moga along with Gurmail Singh Ex-Sarpanch S/o Amar Singh and Rajinder Singh S/o Sarja Singh Jatt, was returning to village Khai in jeep of Gurmail Singh. They had gone to the house of Gejo, Sister of Gurmail Singh, situated in Village Samadh Bhai. After taking tea, Gejo and her daughter-Manpreet Kaur accompanied them. When they reached near the bus stop of village Samadh Bhai, then two ladies took lift in their jeep. Jeep was at a distance of 1½ kilometer from village Raun, when at about 4.30 p.m. a truck came straight from Raunta side and truck driver had struck the truck straight against the jeep. Jeep was being driven by Gurmail Singh, and he took the jeep towards katcha side, but despite that truck driver had deliberately, with intention to murder, had struck the truck with full speed against the jeep. Jeep was badly damaged and fell into paddy crop fields, and all the passengers in the jeep sustained grievous injuries. After the accident, truck driver, along with the other three persons who were in the truck at the time of occurrence, after alighting from the truck had fled away towards village Samadh Bhai. Persons working in the adjoining fields came to the spot and all the injured were taken out of the jeep. Shaminder Singh, Kulwinder Singh and Yadwinder Singh, residents of Village Khai, had shifted the injured to Civil Hospital Niha Singh Wala. Rajinder Singh had succumbed to his injuries on the way to hospital. On receipt of medical ruqa from Civil Hospital Nihal Singh Wala, regarding admission of the injured in the Civil Hospital, ASI Rachhpal Singh of Police Station Nihal Singh Wala had gone there and after obtaining opinion of the doctor as to whether injured Ajmer Singh @ Kaka Singh is fit to make statement or not, statement of Ajmer Singh was recorded. After making endorsement, statement was sent to the Police Station, on the basis of which a formal FIR was registered."
4. All the accused were challaned and faced trial. Learned Additional Sessions Judge convicted the accused-respondents by order dated 27th February, 2007 and passed the sentence on 6th March, 2007 convicting accused Malkiat Singh, Pargat Singh, Chand Singh, Baljit Singh and Darshan Singh.
5. Malkiat Singh was sentenced to undergo rigorous imprisonment for life under Section 302 IPC with a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year. He was also sentenced to undergo rigorous imprisonment for a period of seven years under Section 307 IPC read with Section 34 IPC and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months (nine counts).
6. Pargat Singh, Chand Singh and Baljit Singh were sentenced to undergo imprisonment for seven years and to pay a fine of Rs. 2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for six months each under Section 307/34 IPC (nine counts).
7. Darshan Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo fu
