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SUPREME COURT OF INDIA
N.V. Ramana, Mohan M. Shantanagoudar, JJ.
Suresh and Anr. - Appellants
Versus
State of Haryana - Respondent
Criminal Appeal Nos. 1445-1446 of 2012
With
Sobhat Singh - Appellant
Versus
Dharampal and Ors. - Respondents
Criminal Appeal No. 1458 of 2012
Decided On : 21-08-2018
AIR 1960 SC 500; AIR 1952 SC 343; AIR 1955 SC 801; AIR 1960 SC 29; AIR 1967 SC 520; AIR 1984 SC 1622; AIR 2013 SC 1474 – Relied upon
13 CLR 619 – Referred
(b) Criminal trial – Circumstantial evidence – Motive – Even if proved, forms only one of the circumstances. (Para 40)
AIR 1973 SC 55 – Relied upon
(c) Criminal trial – Circumstantial evidence – Evidence – Credibility of the witnesses – An important aspect – Evidence of interested witness, instantly wife of deceased, cannot be relied upon. (Para 41, 42)
(d) Criminal trial – Circumstantial evidence – Chance witness – Should be given due regard – Instantly chance witness not able to explain his presence at the scene of crime – Evidence of other chance witness riddled with contradictions – Not reliable. (Para 45, 46)
(1997) 4 SCC 192; (2004) 11 SCC 253; (2004) 10 SCC 632; (2004) 10 SCC 632 – Relied upon
(e) Criminal trial – Circumstantial evidence – Extrajudicial confessional statement of co-accused – Cannot be solely utilized to convict a person, (Para 47)
AIR 1964 SC 1184 – Relied upon
AIR 1931 Mad. 177 – Cited with approval
(f) Criminal trial – Circumstantial evidence – Non-examination of important witness – Author of the FSL report not examined – Fatal to prosecution case. (Para 48)
(g) Indian penal code, 1860 – Section 302 – Intent to murder – Appellants taking the deceased to hospital – Held, intent to murder not established. (Para 49)
(h) Criminal trial – Circumstantial evidence – Conviction – No person can be convicted unless chain of circumstances is complete. (Para 51)
AIR 2018 SC 659 – Relied upon
Facts of the case:
Accused were convicted for murder of one Chander Bhan.
High Court affirmed the conviction and sentence.
Result: Criminal Appeal Nos. 1445-1446 of 2012 allowed. Criminal Appeal No. 1458 of 2012 dismissed.
JUDGMENT :
N.V. Ramana, J.
1. These appeals by special leave petitions, are preferred by two accused persons, namely Sobhat Singh and Suresh, against the conviction imposed by the High Court and the consequential acquittal of other persons, namely Dharampal and Umed Singh, sons of Beg Raj and Dharambir, passed by the High Court of Punjab and Haryana in Crl. Appeal No. 157DB of 2002, 273DB of 2002, 920SB of 2002, 751DBA of 2002 and Crl. Revision No. 907 of 2004. Facts being connected and issues being similar, we would like to deal with these appeals by a common judgment.
2. Few facts which are necessary for the disposal of these cases are that a panchayat election was held on 15.12.1994, in the village Sundawas, where there were two major contestants namely Maha Singh and Dharampal son of Beg Raj. Deceased Chander Bhan was an election agent for the losing candidate Maha Singh. It is necessary to note that there was a quarrel including gun shots being fired at around 11 A.M, on the day of election between both factions, as a result of which supporters of Dharampal son of Beg Raj (winning candidate) sustained injuries. In this context, a FIR No. 733 of 1994 was registered against Maha Singh (losing candidate) and one Darya under Sections 307 read with 34 of Indian Penal Code, 1860 [hereinafter referred as ‘IPC’ for brevity] and Sections 25 and 27 of the Arms Act, 1959.
3. Later, during the intervening night of 15th and 16th December of 1994, Dharampal alias Dharam son of Nanak Ram [accused A1], Sobhat Singh [accused A2], both being supporters of losing candidate Maha Singh, came to the house of Chander Bhan, on the pretext that since Maha Singh had lost the election and was involved in a criminal case, they should falsely implicate Dharampal son of Beg Raj also, by registering a counter case against him. On this pretext, they accompanied Chander Bhan to Hisar. On their way, one Suresh [accused A3] is supposed to have joined them.
4. One Umed Singh son of Mahi Ram [PW14], while waiting near Borstal Jail, Hisar for a conveyance at 4:00 A.M on 16.12.1994 (morning) had seen A1, A2, Chander Bhan and A3 going in an auto rickshaw. It is the prosecution’s version that all of them went to an abandoned house in Adarsh Nagar at Hisar, wherein Chander Bhan (deceased) was shot by the aforesaid accused.
5. Thereafter, A1 and A2 took injured Chander Bhan to the City Civil Hospital, Hisar for treatment. It is alleged that in the meanwhile A3 tried to hide the gun. It is born from the record that Chander Bhan succumbed to his injuries 20 minutes after he was admitted to the aforesaid Hospital on 16.12.1994.
6. Thereafter, accused A2 went to the Police Station, Sadar Hisar, for registration of a complaint against Umed Singh son of Beg Raj, Dharam Pal son of Beg Raj [Sarpanch] and Dharambir for the death of Chander Bhan. Accordingly, FIR was filed before the police being FIR No. 736/ 1994, dated 16.12.1994, based on the accused A2.
7. As per the narration of accused A2, on 16.12.1994, at about 4:30 A.M, the Chander Bhan (deceased), A2 and A1 were going to Chandigarh on foot. On reaching a few kilometers ahead of the village Sundawas, they spotted a jeep coming towards them. One of the occupants Umed Singh son of Beg Raj, raised lalkara that enemies were going and they should be taught a lesson for helping Maha Singh in the elections. Dharampal and Umed Singh sons of Beg Raj and Dharambir alighted from the jeep and Dharam Pal son of Beg Raj, who was armed with a pistol, shot Chander Bhan in his stomach and ran away. It is alleged that A1 and A2, who escaped the firing, rushed Chander Bhan to the City Civil Hospital, Hisar, where he succumbed to his injuries.
8. The case was investigated by I.O. Bhim Singh [PW15], who reached the spot of the alleged occurrence as per the narration of accused A2. However, he could not trace any incriminating material as al
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