Eyewitness accounts can affirm guilt in murder cases despite lack of physical evidence; procedural delays in judgment upload do not necessarily invalidate convictions.

ORDER :

1. Delay condoned.

2. Leave granted.

3. This appeal arises from the Judgment and Order passed by the High Court of Punjab and Haryana at Chandigarh dated 18-2-2016 in Criminal Appeal No.D-443-DB of 2003 by which the appeal filed by appellant – herein against the Judgment and Order of conviction passed by the Trial Court came to be dismissed.

4. It appears from the materials on record that a First Information Report came to be registered with the City Sirsa Police Station dated 22-7-1998 for the offence punishable under Section 302 read with Section 34 of the INDIAN PENAL CODE (IPC) respectively and Sections 25 and 27 of the ARMS ACT respectively. The FIR came to be registered by one Balbir Singh, an injured eyewitness to the incident.

5. The FIR reads thus:-

“The statement of Shri Balbir Singh son of Shri Chanan Singh Rajput resident of Dhudhiawali now residing at 14/949. Addl. A.D.C. Colony, that I am working as an agriculturist in village Dhudhiawali, Shiv Dutt Singh and Bishan Singh, the sons of my uncle (Tau) Narain Singh reside in A.D.C. Colony, Sirsa. Today in the morning, I had also arrived at Sirsa from village Dhudhiawali. I had gone to meet Shiv Dutt Singh and Bishan Singh in A.D.C. Colony, where Bishan Singh met in the house when I enquired from Bhishan Singh about the whereabout of Shiv Dutt, Bishan Singh had told me that Shiv Dutt has gone to National College, Sirsa to get admitted Amrinder Singh son of Amar Singh resident of band gate, Sirsa in B.A. Part-I and he asked me to accompany him there to meet him. I and Bishan Singh then reached at National college where Singh and Raj Kumar sons of Pokhar Dass, resident of Talwara Khurd came across on enquiry, Shiv Dutt Singh told that Amrinder Singh would get admission and he offered tea to us in the canteen thereupon, I Bishan Singh, Shiv Dutt, Sirsa and Raj Kumar proceeded to the canteen to take tea. At about 2.05. P.M. when we reached on the corner of building of Science block and Shiv Dutt, was going ahead of us and we were following him at some distance. Naresh Godara, resident of Kheowali carrying a DBBL gun of .12 bore in his hands, Vikas Kukna of D.C. Colony, Sirsa armed with a DBBL gun of .12 bore, Rajan son of Shao Ram, resident of Bajekan armed with a pistol and Rajdeep Singh son of Harbhagwan Singh resident of Canal colony, Sirsa armed with a sword arrived there from the opposite directions and on seeing Shiv Dutt Naresh Godara have exhorted him to be cautious that they would teach him a lesson for inflicting injuries to his brother Hanuman and for opposing them in the college elections. Thereupon, Ra- jan has fired a shot from his pistol at Shiv Dutt Singh but Shiv Dutt Singh escaped unhurt. Thereafter, Naresh Kumar and Vikas have fired one shot each from their respective guns simultaneously at Shiv Dutt Singh which hit him on the chest region and the abdominal region on the front side and on receiving the firearm injuries, Shiv Dutt Singh fell down on the ground, I, Bishan Singh and Raj Kumar raised cries for help and then Rajan along with his pistol, Naresh Godara along with his gun and Vikas along with his gun ran away from the spot and Rajdeep threw his sword at the spot and ran away. Naresh Godara in furtherance of common intention of Rajan Vikas and Rajdeep armed with firearms and sword have fired shots at Shiv Dutt Singh to take avenge for causing injuries to his brother Hanuman on account of which Shiv Dutt has been rendered injured. I and Raj Kumar have shifted him to Civil Hospital, Sirsa in the car of Naveen Kedia for treatment