2006 Supreme(P&H) 3715

PUNJAB & HARYANA HIGH COURT
Virender Singh and A.N.Jindal JJ.
State Of Punjab
Versus
Jarnail Singh
CRIMINAL APPEAL No. 445 of 1995,
CRIMINAL APPEAL No. 232 of 1995,
Decided On : OCTOBER 10, 2006

i) Dying declaration - It can be used as corroborative evidence to the statement of the injured witnesses as well as medical evidence.
ii) Criminal Trial - Where the evidence is clear, cogent and the Court can distinguish the truth from the falsehood, the mere fact that the injuries were not explained by the prosecution cannot by itself be a basis to reject whole of the case of the prosecution.
iii) Witness - Testimony cannot be discarded merely on the ground that witnesses are relation or inimical witness.
iv) Unlawful assembly - Vicarious responsibility - Every member owunlawful assembly is liable for the offence committed in the course of occurrence provided the same were committed in prosecution of common object.

Headnote:Criminal Procedure Code, 1973 - Section 156 - First Information Report - Delay in dispatch - Murder - Land dispute between two groups - Accused and deceased are from one family - 8 hours delay in dispatch of special report to Illaka Magistrate assumes no significance when there was consistent testimony of the injured eye witnesses. (Para 45)

       Evidence Act, 1872 - Section 32 - Dying declaration - It can be used as corroborative evidence to the statement of the injured witnesses as well as medical evidence. (Para 51)

       Evidence Act, 1872 - Section 3 - Appreciation of Evidence - Murder - Relation or inimical witness - Their testimony cannot be discarded merely on the ground that witnesses are relation or inimical witness - Court should come on guard to scrutinize the testimony with more care and caution so as to rule out any fabrication or false implication. (Para 53, 55)

       Criminal Procedure Code, 1973 - Criminal Trial - Non explanation of injuries - Where the evidence is clear, cogent and the Court can distinguish the truth from the falsehood, the mere fact that the injuries were not explained by the prosecution cannot by itself be basis to reject whole case of the prosecution. (Para 62)

       Indian Penal Code, 1860 - Section 149 - Unlawful Assembly - Vicarious responsibility - Every member of unlawful assembly is liable for the offence committed in the course of occurrence provided the same were committed in prosecution of common object. (Para 68)

       Indian Penal Code, 1860 - Section 300 - Clause Fourthly - Murder - Circumstances to be established;

       1. The act must be committed without premedit the sudden fight in the heat of passions;

       2. Upon sudden quarrel;

       3. Without the offender having taken the undue advantage; and

       4. The accused had not acted in a cruel and unusual manner. (Para 77)

       Indian Penal Code, 1860 - Section 300 - Murder - If the accused deliberately strikes another fire arm injury on the thigh so as to effect most sensitive part of the body i.e. penis and the other accused also strike with their respective weapons on different parts of the body, then they must, in the absence of any circumstances negativing the presumption, be deemed to have intended to cause the death of the victim or such bodily injury as is sufficient to cause death. (Para 77)

       Indian Penal Code, 1860 - Section 302, 307, 326, 325, 323, 148, 149 - Murder - Unlawful assembly - Trial Court, out of five accused, convicting one accused under Section 304 Part I I.P.C. and two accused under Section 324 I.P.C., besides under Section 30 of Arms Act - Two accused were acquitted by giving them benefit of doubt - State of Punjab challenging the acquittal of all accused under Sections 302, 307, 326, 325, 323, 148, 149 Indian Penal Code, 1860 Convicted accused preferred appeal against their conviction - Motive for commission of the crime was duly proved - Trial Court judgment based more on surmises and conjectures and not based on correct appreciation of evidence - Judgment apparently against facts established on record - Judgment not sustainable - All the accused formed an unlawful assembly with an intention to commit rioting - Caused injuries - Deceased died due to injuries - State appeal accepted - Appellants convicted under Section 302/149 I.P.C.; instead of 304 Part I. (Para 81, 66 and 88)