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1989 Supreme(P&H) 742
PUNJAB & HARYANA HIGH COURT
Gokal Chand Mital and S.S.Sodhi JJ.
Sewa Singh
Versus
State Of Punjab
Criminal Appeal No. 520-DB of 1987,
Decided On : SEPTEMBER 14, 1989
Contradictions between the first information report and the evidence in court do not necessarily render the eyewitness testimony unreliable.
Headnote:
CRIMINAL APPEAL - SECTION 302 IPC - CONVICTION FOR MURDER - EYE-WITNESS TESTIMONY - CONTRADICTIONS BETWEEN FIRST INFORMATION REPORT AND EVIDENCE IN COURT - RELIABILITY OF EYE-WITNESS TESTIMONY - INQUEST REPORT - MOTIVE FOR CRIME.
Fact of the Case:
The appellant, Sewa Singh, was convicted of murdering his brother, Behal Singh, by striking him with a khunda. The prosecution's case rested on the testimony of three eyewitnesses: Jarnail Singh and Balwinder Singh, the sons of the deceased, and Dalip Singh, the deceased's brother. The appellant denied the charges and claimed that he was falsely implicated.
Finding of the Court:
The court found that the testimony of the eyewitnesses was consistent and reliable, despite some contradictions between their statements in court and their earlier statements to the police. The court also found that the inquest report, which was prepared before the post-mortem examination, supported the prosecution's version of events.
Issues: 1. Whether the contradictions between the first information report and the evidence in court rendered the eyewitness testimony unreliable. 2. Whether the inquest report could be used to corroborate the prosecution's case.
Ratio Decidendi: 1. The court held that contradictions between the first information report and the evidence in court did not necessarily render the eyewitness testimony unreliable. The court noted that the first information report was not a substantive piece of evidence and that each case must be considered on its own merits. 2. The court held that the inquest report could be used to corroborate the prosecution's case, as it was prepared before the post-mortem examination and was consistent with the testimony of the eyewitnesses.
Final Decision: The court upheld the conviction of the appellant and dismissed the appeal.
S.S.Sodhi, J.
1. The challenge in appeal here is to the conviction of the appellant Sewa Singh for the murder of his brother Behal Singh.
2. The incident occurred at about 9.30 P.M. on the night of April 6, 1994 in village Pandori Sidhwan in front of the house of Dalip Singh, another brother of the appellant Sewa Singh, and Behal Singh deceased.
3. According to the prosecution, Sewa Singh sent his daughter Dalbinder Kaur to call Bahal Singh deceased from his house by telling him that he was wanted by her father Behal Singh there-upon complained her to her house. A few minutes later, however was seen coming running towards his house shouting bachao bachao, while being chased by Sewa Singh, who was armed with a khunda. One Harbans Singh is also said to have been with Sewa Singh and this Harbans Singh had with Aim a Kirpan. When Behal Singh reached near to the door of the house of his brother Dalip Singh, Sewa Singh gave him a blow on his head with his khunda as a result of which he fell down. Sewa Singh followed this up by, giving him another 3 or 4 blows with his Khunda as a result at which Behal Singh died at the spot. Sewa Singh thereafter went away. This incident it is said, was seen by the two sons of Behal Singh, namely Jarnail Singh and Balwinder Singh as also his brother Dalip Singh who had come out of his house on hearing the noise outside. Jarnail Singh then left to report this matter to the police. He met a police party at the bus stand Jhabal, where he made his statement exhibit PE to Assistant Sub-Inspector Dharamjit Singh on the basis of which the present case came to.
4. The medical evidence consists of the testimony of P.W. 1 Jatinder Iqbal Saggu who deposed to the post-mortem examination conducted by him on the dead body of Bahal Singh deceased at 11 A.M. on April 7, 1984. The doctor found five injuries on the person of the deceased. These being
1. Irregular lacerated wound with irregular margins 3 cm X 2 cm surrounded by an abrasion cum contusion 5.5. cm X 4.5 cm on left cheek, 2 cms. below the lateral angel of the left eye. The wound was bond deep.
2. Irregular lacerated wound with irregular margins 3 cm X 2 cm. on the back of the head just behind the left ear lobe middle portion. The wound was scalp deep, underlying scalp contained clotted blood.
3. Irregular lacerated wound, with irregular margins (B) shaped 3 cm x 2.5. coms on the left side of the head 3. 5 cms behind the upper end of the left car. Dissection of injury No. 3.
There was clotted blood in the underlying scalp and the skull was fractured adjacent to the wound. The underlying left cerebral hemisphere was lacerated and congested and contained hemisphere was also congested.
4. Contusion 2 cm x 1 cm. on the left side of fore-hand just above the left eyebrow. He underlying scalp was congested and cerebral cortex was also congested.
5. Lacerated wound irregular margins 2 cm x 1 cm on top of the head to the left of mind line 12 cm, above the left car and 6 cms. behind the anterior hair line.
5. According to Dr. Saggu, all these injuries were ante-mortem and had been caused by a blunt weapon and were, sufficient in the ordinary course of nature to cause death. The death in this case was instantaneous while the time that clapsed between death and post-mortem was within 16 hours.
6. As regards the main incident itself, the case of the prosecution rests upon the testimony of. P.W. 2 Jarnail Singh and P.W. 4 Balwinder Singh the sons of Bahal Singh deceased and the brother of the deceased P.W. 3 Dalip Singh. All these witnesses deposed, as per the prosecution version narrated earlier, namely; that the daughter of Sewa Singh deceased came to the house of Behal Singh and took him away saying that he had been called by her father Sewa Singh and a little while later Bahal Singh came from that side running and shouting `bachao-bachao being followed by Sawa Singh who was armed with a Khund day and that when he reached near the house of Dalip Singh, Sewa S
