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1991 Supreme(P&H) 923
PUNJAB & HARYANA HIGH COURT
S.S.Grewal and A.S.Nehra JJ.
State Of Punjab
Versus
Nazar Singh
Criminal Appeal No. 229 of 1986,
Decided On : SEPTEMBER 30, 1991
The court held that the trial court erred in disbelieving the eyewitnesses and that the medical evidence corroborated the prosecution's story.
Headnote:
CRIMINAL APPEAL - SECTION 302/34, 324/34, 323/34 IPC - INTENTIONAL MURDER AND CAUSING INJURIES - CREDIBILITY OF EYEWITNESSES - MEDICAL EVIDENCE - COMMON INTENTION - SENTENCING.
Fact of the Case:
Nazar Singh, his brother Karnail Singh, and Karnail Singh son of Roor Singh were acquitted of intentionally murdering Jarnail Singh and causing injuries to Mukhtiar Singh and Shangara Singh. The prosecution appealed, arguing that the trial court erred in disbelieving the eyewitnesses and that the medical evidence corroborated the prosecution's story.
Finding of the Court:
The court found that the trial court erred in disbelieving the eyewitnesses, Shingara Singh and Mukhtiar Singh, who were present at the time of the occurrence and gave consistent accounts of the events. The court also found that the medical evidence corroborated the prosecution's story, as the injuries sustained by the eyewitnesses and the deceased were consistent with the manner in which the prosecution alleged the attack occurred.
Issues: 1. Whether the trial court erred in disbelieving the eyewitnesses. 2. Whether the medical evidence corroborated the prosecution's story. 3. Whether the accused acted in furtherance of their common intention to commit murder or cause injuries.
Ratio Decidendi: 1. The court held that the trial court erred in disbelieving the eyewitnesses because their testimony was consistent, corroborated by medical evidence, and there was no reason to doubt their credibility. 2. The court held that the medical evidence corroborated the prosecution's story because the injuries sustained by the eyewitnesses and the deceased were consistent with the manner in which the prosecution alleged the attack occurred. 3. The court held that the accused did not act in furtherance of their common intention to commit murder or cause injuries because the occurrence took place without any premeditation and the accused party had not gone armed to the marriage reception where the occurrence took place.
Final Decision: The court set aside the trial court's order of acquittal and convicted Nazar Singh of culpable homicide not amounting to murder under Section 304 Part I of the Penal Code, sentencing him to five years of rigorous imprisonment and a fine of Rs. 2000. The court also convicted Nazar Singh of causing simple injury under Section 323 of the Penal Code, sentencing him to six months of rigorous imprisonment. The court convicted Karnail Singh son of Tara Singh and Karnail Singh son of Roor Singh of causing simple injury under Section 323 of the Penal Code and causing simple hurt with a blunt weapon under Section 323 of the Penal Code, respectively, but released them on probation of good conduct for one year.
S.S.GREWAL, J.
1. This appeal is directed against the order of Additional Sessions Judge, Ferozepore, dated 10th of December, 1985, whereby, Nazar Singh his brother Karnail Singh and Karnail Singh son of Roor Singh were acquitted of the charge for intentionally committing the murder of Jarnail Singh and causing injuries to Mukhtiar Singh and Shangara Singh in furtherance of their common intention.
2. In brief facts, relevant for the disposal of this appeal, as emerge from the first information report lodged by Shingara Singh, father of the deceased and a stamped witness in this case, are that on 3rd of February, 1985 he along with his son Jarnail Singh and other family members had come to attend the marriage of Avtar Singh, his wifes brothers son at Gasti Hazi Wali Dakhli Khai Pheme Ke. Nazar Singh, his brother Karnail Singh and Karnail Singh son of Roor Singh, who is wifes brother of Karnail Singh, also came there. On 4-2-1985, Mukhtiar Singh brother-in-laws son of Shingara Singh arranged dinner for the brother- hood. A lady singer had been called for this purpose. That lady singer was singing songs on the stage right in front of the house of Mukhtiar Singh aforesaid. At about 4.30 P.M. Nazar Singh and his brother Karnail Singh brought Karnail Singh son of Roor Singh to the stage to sing a song. Jarnail Singh did not permit them to do so and asked them to sing a song after the lady singer had finished her items. All the three accused were annoyed. Nazar Singh armed with an Iron pipe and his brother Karnail Singh armed with a Dang started quarrelling with Jarnail Singh, Nazar Singh opened the attack and gave a blow with the pipe on the front side of the head of Jarnail Singh, Karnail Singh gave a dang blow on the head of Jarnail Singh, who fell down. Mukhtiar Singh armed with a Gandhali and Shingara Singh came forward to rescue Jarnail Singh. Karnail Singh son Tara Singh pushed Shingara Singh and threw him on the ground. Nazar Singh gave kick blows to Shingara Singh on his hips and nose. Karnail Singh son of Tara Singh gave a dang blow on the right cheek of Shingara Singh Mukhtiar Singh then gave a Gandhali blow to Nazar Singh in order to rescue Jarnail Singh, which hit him on his fore-head. Mukhtiar Singh gave another Gandhali blow hitting Nazar Singh on his left knee. Karnail Singh son of Roor Singh accused picked a Takwa and inflicted a blow with it on the left side of the head of Mukhtiar Singh, Mukhtiar Singh and Shingara Singh took Jarnail Singh injured to Civil Hospital, Ferozepore on a tractor trolley where Jarnail Singh succumed to his injuries. After receipt of the copies of the medicolegal reports of Mukhtiar Singh and Shingara Singh P.W.s, Inspector Gurdev went to Civil Hospital, Ferozepore, recorded the statement of Shingara Singh and on its basis formal first information report was recorded at the Police Station at 9. 15 P. M.
3. Post-mortem examination on the dead body of Jarnail Singh was conducted on the next date of the occurrence. Out of the three injuries of the deceased one was a lacerated wound 5 1/2 cm x 1/2 cm x 1 cm on the right side of the fore-head and underlying frontal bone had a depressed fracture. Extra dural and sub dural haemotoma was seen. The other was a swelling 5 cm X 5 cm on the middle of vertex. The third injury was an abrasion 7 cm x 1 cm on the back of abdomen. In the opinion of the doctor, death of Jarnail Singh was due to shock and haemorrhage as a result of head injury which was sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem and could be caused within 24 hours of the postmortem examination.
4. Mukhtiar Singh P.W. received incised wound 4 cm x 0.5 cm x bone deep on the left side of his head. Shingara Singh P.W. received three injuries on his face. All these injuries could be caused by a blunt weapon. Nazar Singh accused who too was medico legally examined in the same Hospital on 4-2-1985 received two injuries including an incised
