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2008 Supreme(P&H) 749

PUNJAB & HARYANA HIGH COURT
Uma Nath Singh and A.N.Jindal JJ.
Sucha Singh
Versus
State Of Punjab
Criminal Appeal No. 558 of 2004,
Decided On : MARCH 25, 2008

The prosecution must prove the case beyond reasonable doubt, and the evidence presented must be reliable and adequate to establish guilt.

Headnote:

Section 460 IPC - Criminal Appeal - [Section 460 IPC] - The court analyzed the evidence and found that the prosecution failed to prove the case beyond reasonable doubt. The recovery of incriminating articles and the evidence of dog tracking were found to be unreliable. The court also highlighted the lack of concrete evidence and the inadequacy of materials in the testimonies of witnesses. As a result, the court set aside the impugned judgment and allowed the criminal appeal, directing the release of the accused/appellants.

Fact of the Case:

The complainant returned home to find employees with injuries and cash missing from the petrol pump. The accused were arrested based on suspicion and incriminating articles were recovered. The trial court convicted the accused under Section 460 IPC, but the appellants claimed innocence and false implication.

Finding of the Court:

The court found that the prosecution failed to prove the case beyond reasonable doubt. The recovery of incriminating articles and the evidence of dog tracking were found to be unreliable. The court also highlighted the lack of concrete evidence and the inadequacy of materials in the testimonies of witnesses.

Issues: The issues revolved around the reliability of the evidence, including the recovery of incriminating articles, the evidence of dog tracking, and the adequacy of materials in the testimonies of witnesses.

Ratio Decidendi: The court emphasized the principle that the prosecution must prove the case beyond reasonable doubt. It also highlighted the unreliability of evidence, including the recovery of incriminating articles and the evidence of dog tracking, as well as the inadequacy of materials in the testimonies of witnesses.

Final Decision: The court set aside the impugned judgment and allowed the criminal appeal, directing the release of the accused/appellants.

Judgment

Uma Nath Singh, J.

1. This criminal appeal arises out of the judgment dated 13.03.2004, passed by learned Additional Sessions Judge, (Adhoc), Patiala, in Sessions Case No. 7T/FTC/4.7.03/29.11.03, holding accused/appellants guilty of offence under Section 460 IPC, and sentencing them each to imprisonment for life with a fine of Rs. 500/- in default of payment of fine to further undergo rigorous imprisonment for six months.

2. As per statement of the complainant given to the police, on the date of occurrence on 26.01.2002, complainant (PW6) had come back home at about 6.00 PM from his petrol pump with cash. On the next day morning (9.00 AM on 27.01.2002), when he went to petrol pump on duty, he saw that the glass of the gate of show-room was lying broken and inside the petrol pump station, were lying employees Ranjit Singh and Surinder Kumar with injuries received from some sharp-edged weapons on their heads. The drawers of the table were broken and the papers were scattered. The telephone wire was found to be cut and the cash amount kept in the drawers was missing. Heads of both the deceased namely Ranjit Singh and Surinder Kumar were badly injured and crushed. The petrol pump had been taken on lease and construction of building was still going. Four to five labourers were employed on daily wages for construction purpose and out of those labourers, the accused two boys used to reside in the Gajewas Colony in front of the petrol pump. They usually used to sit late in the night. From their appearance, they looked to be irresponsible persons. The complainant was observing their activities with suspicion for the past 2/4 days that they might cause some loss to him. He was thus confident that they alone have committed the offence for they had not turned up for work on that day and prior to that, they used to reach at 8/8.15 AM on the work. He prayed for action against them namely Sucha Singh and Rajwinder Singh. The statement was read out to the complainant and having found it to be correct, he signed it. The statement of complainant Amar Nath, which was reduced to writing as per Ex.PJ by Inspector Sewa Singh (PW12), was sent to Police Station for recording a formal F.I.R. Accordingly, F.I.R. (Ex.PW 12B) was recorded and a case was registered. During the course of investigation, the Investigating Officer, i.e., Inspector Sewa Singh called a photographer for taking photographs of place of occurrence and the dead bodies. He also prepared Inquest Reports of the dead bodies vide PW11/A in respect of deceased Ranjit Singh and PW11/B in the case of Surinder Kumar. He also recorded the statements of Jaswinder Singh and Jasbir Singh under Section 161 Cr.P.C. A Finger Print Expert was called and a Dog Squad was summoned from Sangrur. Constable Mukhtiar Singh (PW9) was incharge of the dog squad. Vide written requests (Ex.PW 10/A and Ex.PW 10/B), postmortems of the dead bodies were conducted. Head Constable Babu Ram had accompanied the dead bodies. The Investigating Officer lifted and collected incriminating materials like blood fat tissues along with pieces of skull, from the scene of occurrence and put them into a plastic jar and made them into a parcel. After putting his seal with impression `SS, the parcel jar (MO/1) was taken into possession vide memo (Ex.PK). Broken pieces of glass, stained with blood, were lifted from the scene of occurrence and sealed into a separate plastic jar. The Investigating Officer put his seal impression `SS and took it into possession vide memo (Ex.PL). Yet another incriminating material one broken table with drawer, was also taken into possession vide memo (Ex.PM). One blood stained chappal was lifted from the scene of occurrence; put into a parcel, and taken into possession vide memo (Ex.PN). One pair of chappal and shoe were also taken into possession vide memo (Ex.PO). Two blood stained pillows were put into a parcel vide (Ex.MO1), and taken into possession vide memo (Ex.PP). All the memos were att


























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