1986 Supreme(Raj) 669
RAJASTHAN HIGH COURT
Gopal Krishan Sharma, J.
Bhagwan Singh and Ors. - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 263 of 1984.
Decided On : 8-09-1986
The testimony of a solitary witness is sufficient to sustain a conviction for murder, but it must be carefully scrutinized and corroborated by other evidence.
Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302 IPC - EVIDENCE - TESTIMONY OF SOLITARY WITNESS - RELIABILITY - CONTRADICTION WITH POLICE STATEMENT - ABSENCE OF INDEPENDENT CORROBORATION - ACQUITTAL.
Fact of the Case:
Jandel Singh was shot dead by unknown assailants while he was walking with two companions. The prosecution relied on the testimony of one of the companions, Dalel Singh, who claimed to have witnessed the incident. The accused-appellants were convicted of murder and sentenced to life imprisonment.
Finding of the Court:
The High Court found that the testimony of Dalel Singh was unreliable and untrustworthy. He had contradicted his own police statement and there was no independent corroboration of his testimony. The Court also noted that no gun was recovered from the accused-appellants and the bullet found at the scene was not sent for forensic analysis.
Issues: 1. Whether the testimony of a solitary witness is sufficient to sustain a conviction for murder. 2. Whether the testimony of Dalel Singh was reliable and trustworthy. 3. Whether there was independent corroboration of Dalel Singh's testimony.
Ratio Decidendi: 1. The testimony of a solitary witness is sufficient to sustain a conviction for murder, but it must be carefully scrutinized and corroborated by other evidence. 2. The testimony of Dalel Singh was not reliable and trustworthy. He had contradicted his own police statement and there was no independent corroboration of his testimony. 3. There was no independent corroboration of Dalel Singh's testimony.
Final Decision: The appeal was allowed and the accused-appellants were acquitted.
JUDGMENT
1. - Prithviraj PW 1 lodged a written report Ex. P 1 at Police Station, Rajakhera on 10-6-1981 at 5 p.m. This report was with regard to an incident alleged to have taken place at 9 a.m. on the same date. He has alleged that he and Dalel Singh along with deceased Jandel Singh were going to village Dabera to attend some marriage function. When they reached the place known as "Mahadev Badi" after covering a distance of about 2 miles, the appellants along with Atwal, Kamod and Purshottam were sitting at some distance under a tree. Prahalad Singh had "pachfera", Balveer Singh had 12-bore-gun and Gulab Singh had a gun the others were armed with lathies. All the accused-appellants told Jandel Singh that he will not be escaped today because his father had given shelter to Sobren Singh and his family members. It was also alleged in the report that the person who will help their enemies, will not be rescued. Prahalad fired with "pachfera" at Jandel Singh, Balveer Singh fired with 12-bore-gun at him. Jandel Singh fell down on the ground. Gulab Singh also fired with his gun. Seeing this they ran away and came to village and informed the villagers, at this 50-60 persons and some R.A.C. personnel went at the spot and brought the dead bodies in the village at 1 O'clock in the noon. Then the dead body was taken in a tractor to the Police Station, Rajakhera. On this report case Under Section s 147, 148, 149 and 302 IPC was registered and investigation was started.
2. Raghuveer Singh PW 9, SHO went to the spot and prepared siteplan Ex. P 2. He recovered from the spot one bullet and dat. He also seized blood stained earth and plain earth from the spot. He also seized blood stained clothes of the deceased and prepared the Panchanama of the dead body. After completing usual investigation the Police submitted challan against 8 persons. Amongst these accused persons Atwal, Kamod and Purshottam were children and hence their case was separated and they were sent to the Childrens' Court for trial. Thus the learned Additional Sessions Judge started trial against 5 accused-appellants.
3. The Additional Sessions Judge framed charges against the appellants Gulab Singh and Prahalad Singh Under Section s 148, 302 IPC and other accused persons Under Section s 148, 302/149 IPC. The accused persons pleaded not guilty and claimed trial.
4. The prosecution had examined 10 witnesses to establish its case. No defence was produced by the accused persons. The learned Additional Sessions Judge after completing trial found accused Prahalad Singh and Balveer Singh guilty of the offence Under Section 302 IPC and sentenced them to life imprisonment and a fine of Rs. 200/- in default of payment of fine, fo further undergo one year's SI. The Additional Sessions Judge found the accused persons Chob Singh, Bhagwan Singh and Gulab Singh guilty of the offence Under Section 302 read with 149 and sentenced them to life imprisonment and a fine of Rs. 200/- each, in default of payment of fine, to further undergo one year's S.I. All the appellants were also found guilty Under Section 148 and each has been sentenced to two years' rigorous imprisonment and a fine of Rs. 50/-, in default of payment of fine, to further undergo 3 months' S.I. All the sentences were ordered to run concurrently.
5. It has not been disputed by both the learned Counsels that Jandel Singh died on account of gun-shot. Doctor N.S. Sarin PW 10 examined the injuries of Jandel Singh and has also conducted the post mortem on the body. According to the doctor's statement and post mortem report, Jandel Singh had 6 gun-shot wounds and the cause of death was due to gun-shot injuries to the vital internal parts of the body causing haemorrhage, shock and death. Thus it is clear that Jandel Singh died on account of injuries received by gun-shot and hence his death was homicidal in nature.
6. The learned Counsel for the appellant has argued that the accused appellants have been falsely implicated in this case. On accou
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