SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2009 Supreme(P&H) 1447

PUNJAB & HARYANA HIGH COURT
K.S.Garewal and Nawab Singh JJ.
Kulwant Singh
Versus
State Of Punjab
Criminal Appeal No. 536 of 2000,
Decided On : AUGUST 18, 2009

The recovery of stolen goods from the accused, particularly a significant amount of cash, can serve as substantial evidence to support a conviction for murder and robbery, even in the presence of discrepancies in witness statements and investigative conduct.

Headnote:

MURDER - ROBBERY - Sec.381/406 IPC, Sec.302/382/201/34 IPC, Sec.302 read with 34,201 read with 34 and 397 IPC - The judgment discusses the murder and robbery of Ravinder Kumar, the recovery of cash from the accused, and the legal provisions related to possession of stolen goods and their implications on the murder charge.

Fact of the Case:

The appellants were tried for the murder of Ravinder Kumar and for robbing him of Rs.2.50 lacs. The deceased, a salesman, went missing after leaving a petrol pump with the cash to be deposited in a bank. His body was discovered 10 days later, and the accused were arrested with a significant amount of the stolen cash.

Finding of the Court:

The court found that the recovery of cash from the accused was substantial evidence that the money recovered from them was the same which they had robbed from the deceased. Despite discrepancies in witness statements and investigative conduct, the recovery of the cash was deemed weighty enough evidence to support the conviction.

Issues: The issues revolved around the recovery of the stolen cash from the accused, discrepancies in witness statements, and the conduct of the investigating officers from two different police stations.

Ratio Decidendi: The recovery of stolen goods from the accused, particularly a significant amount of cash, was considered substantial evidence to support the conviction for murder and robbery, despite discrepancies in witness statements and investigative conduct.

Final Decision: The appeal was dismissed, and the accused were to be taken into custody to undergo the remaining sentence.

JudgmentJudgment

K. S. GAREWAL, J.

1. Appellants before us are Kulwant Singh, balbir Singh and Baljinder Singh of Jalandhar. They were tried for the murder of Ravinder kumar @ Ravi and for robbing him of Rs.2.50 lacs. Ravi Kumar belonged to district hamirpur in Himachal Pradesh but had been living in Jalandhar for many years. He was a salesman with Sarabjit Singh, owner of a petrol filling station known as Petro Mart Petrol pump on Nakodar road. On the morning of march 2,1998, Ravinder Kumar left the petrol pump with Rs.2.50 lacs in cash to be deposited with Oriental Bank of Commerce, Lambra but he did not return. This aroused suspicion with his employer Sarabjit Singh who lodged FIR 35 at Police Station, Division 6,jalandhar at 9.55 p. m. stating that his employee Ravinder kumar was missing with the money. Case was registered under Sec.381/406 IPC. Sarabjit singh also informed Ravinder Kumars relations on telephone on the same day. Ravinder kumars brother Rajesh Kumar (PW-3) and brother-in-law Ashok Kumar told Sarabjit Singh that Ravinder had not reached home. They too started searching for him.

2. On March 13,1998rajesh Kumar and Ashok kumar informed Sarabjit Singh that the unknown dead body recovered in P. S. Sadar was of Ravinder Kumar deceased. They had identified the body on the basis of the photograph and clothes. This is how the murder came to light after 10 days. The murder had been discovered on March 3, 1998 by Dev Raj (PW-5) who was on his way towards Panj Peer Colony via the Seepage drain passage. At about 11. a. m. when he was short of Panj Peer, he saw an unidentified dead body. Some persons had collected there. Dev Raj reported the matter to the police on the basis of which report was registered and the body was taken out. After inquest, postmortem examination was conducted by dr. Ashwani Gupta (PW-1) on March 4, 1998 at about 11.20 a. m. The Medical Officer found that there was a bruise just below the left knee joint and ahaematoma measuring 5 x 3 cm over the right parietal bone.

3. On exploration of the skull, blood was found over the right parietal area between the skull layer and skull bone. Blood was also coming from nostrils. Even the face, lips and nail fingers were cyanosed. Viscera was sent for chemical examination. The liver was found to be congested but rest of the organs were healthy. Probable duration between injuries and death was three hours and between death and postmortem about 24 hours. After the report of the Chemical Examiner, the cause of death was given as head injury which was sufficient to cause death in ordinary course of nature. Chemical Examiners report also revealed that the deceased had been under the influence of alcohol. During the investigation, it transpired that Rajesh Kumar (PW-3) and Ashok Kumar were actually in Jalandhar on March 1,1998 and had stayed the night with the deceased in Avatar Nagar. The next morning all three went to the petrol pump and after collecting the cash set out for Nakodar chowk. Before they could reach the chowk a Maruti car ddq-8174 being driven by Kulwant Singh and carrying Baljinder Singh and Balbir Singh drove up to them.

4. Kulwant Singh had earlier been working at the petrol pump and was known to Rajesh kumar. Balbir Singh and Baljinder Singh being friends of Kulwant Singh were also known to ravinder Kumars brother Rajesh Kumar. Kulwant Singh asked Ravinder Kumar as to where he was going. Ravinder Kumar replied that he was on his way to Oriental Bank of commerce to deposit cash. Kulwant Singh countered by saying that he was also going in that direction and offered a lift. The deceased accepted the offer and went along with kulwant Singh and others in the car. Rajesh kumar and Ashok Kumar returned to their village in Himachal Pradesh. Rajesh Kumar received a telephone call from Sarabjit Singh on March 12,1998 that Ravinder Kumar was missing with the cash and that incase he had reached home, he should be brought back to Jalandhar. Accordingly, the t














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top