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PUNJAB & HARYANA HIGH COURT
Harnam Singh and Kapur JJ.
Nikka Singh
Versus
State
Criminal Appeal No. 36 of 1950,
Decided On : DECEMBER 11, 1950
Jurisdiction - Criminal Offence - Indian Penal Code - Sections 148, 302/149, 395/397/149, 307/149, 436/149 - The judgment discusses the jurisdiction of the court to decide the appeal in a criminal case involving multiple sections of the Indian Penal Code. The court examines the applicability of Section 177 of the Criminal Procedure Code and its exceptions, along with relevant case law, to establish its jurisdiction over the appeal.
Fact of the Case:
The case involved the conviction of Nikka Singh under various sections of the Indian Penal Code for his involvement in a series of criminal activities, including murder, dacoity, and arson. The prosecution presented evidence of Nikka Singh's participation in the crimes, leading to his conviction and sentencing to death by the trial court.
Finding of the Court:
The court found that it had jurisdiction to decide the appeal despite the change in the territorial jurisdiction due to the transfer of the crime location to another administrative unit. The court also highlighted the inadmissibility of certain police statements for corroboration and the exclusion of an extra-judicial confession in determining the guilt of the appellant.
Issues: The primary issue revolved around the jurisdiction of the court to hear the appeal in light of the change in territorial jurisdiction. Additionally, the admissibility of certain evidence and the appellant's guilt were key issues addressed by the court.
Ratio Decidendi: The court's decision was based on the interpretation of Section 177 of the Criminal Procedure Code, relevant case law, and the absence of clear indications in the new enactment against the continuation of pending proceedings. The court also emphasized the inadmissibility of certain evidence and the need for proper corroboration in determining guilt.
Final Decision: The court confirmed the sentence of death imposed on Nikka Singh and dismissed the criminal appeal.
Harnam Singh, J.
1. This order disposes of Murder Reference No. 7 of 1950 and Criminal Appeal No. 36 of 1950.
2. Nikka Singh, Mit Singh and Nihal Singh were tried under Sections 148, 302/149, 395/397/149, 307/149 and 436/149 of the Indian Penal Code, hereinafter referred to as the code. By order dated the 13th of January, 1950, the trial Court has convicted Nikka Singh appellant under Section 302 read with Section 149 of the Code for causing the deaths of Maghar Singh, Mussamat Dani, Nachhitar Singh, Mehar Singh and the infant child of Zora Singh and sentenced him to death subject to the confirmation of the sentence of death by the High Court. The trial Court has then convicted Nikka Singh appellant under Sections 148, 395/397/149, 307/149 and 436/149 of the Code and sentenced him to rigorous imprisonment for two years, seven years, ten years and five years respectively. Giving the benefit of doubt to Nihal Singh and Mit Singh the trial Court has acquitted them.
3. In convicting Nikka Singh the trial Court has ordered the sentences of imprisonment to run consecutively if the sentence of death passed on Nikka Singh appellant is not confirmed by the High Court.
4. Briefly summarised, the prosecution case is that Maghar Singh, brother of Nikka Singh appellant, used to tease Mt. Dani wife of Zora Singh P.W. 19 and in April, 1948 Maghar Singh had stolen the wheel bearings of the gadda of Zora Singh. The matter was reported to the Police and during the investigation that followed the Police Sub-Inspector recovered the stolen articles. A case was put in Court and summonses were issued to the witnesses for appearance in Court. On receipt of summonses by Zora Singh P.W. 19 Maghar Singh came to the house of Zora Singh and threatened him for having received the summons_es. Seeing that Maghar Singh was armed with a rifle Zora Singh P.W. 19 ran into his house for safety. Indeed, Maghar Singh on coming to the house of Zora Singh shot at him. In that incident Maghar Singh who was burnt to death gave Maghar Singh, brother of Nikka Singh appellant, soti blows with the result that the latter died as a result of those blows. In those proceedings no one was prosecuted for the murder of Maghar Singh, brother of Nikka Singh appellant.
5. On the 13th of October, 1948, between 9 and 10 a.m. nine men armed with stenguns, rifles and other deadly weapons shot down Mehar Singh besides setting on fire the house of Narain Singh. Nacchitar Singh, Maghar Singh, Mt. Dani and Zora Singhs infant child were burnt to death in the house of Narain Singh. The culprits also fired at Jagrup Singh and Narain Singh causing injuries and committed dacoity in the house of Sher Singh. Mt. Rattan Kaur P.W. 14 was also injured in the incident. Nikka Singh, Mit Singh and Nihal Singh were prosecuted for having participated in the incident. Mit Singh and Nihal Singh have been acquitted while Nikka Singh has been convicted as stated above.
6. Nikka Singh appealed from the judgment of the trial Court passed on the 13th of January, 1950.
7. The incident was still in progress when Atma Singh P.W. 9 left for police station Balianwali in Jind State (now in Patiala and East Punjab States Union) for making a report. Learning on the way to Balianwali that the Sub-Inspector Balianwali was at village Dhad, Atma Singh went to village Dhad and reported the matter to Sub-Inspector Surjit Singh P.W. 22 at 10-45 a.m.
8. Sub-Inspector Surjit Singh then went to the spot, the distance being two and a half or three miles between Dhad and Bhundar villages. Before the Sub-Inspector reached village Bhundar the culprits had left the spot. Reaching the spot Sub-Inspector Surjit Singh found that Narain Singhs house was on fire. He, therefore, collected people and put down the fire. Dead bodies of Maghar Singh, Mt. Dani, Nao chitar Singh and the infant child of Zora Singh were recovered from the burnt material, Mehr Singhs dead body was found in the chaubara.
9. Sub-Inspector Surjit Singh prepared
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