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2010 Supreme(P&H) 1251
2010(2) LAW HERALD (P&H) (DB) 1590
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Satish Kumar Mittal
The Hon’ble Mr. Justice Jora Singh
Crl. Appeal No.637-DB of 2001
Balbir Singh & Anr.
v.
State of Punjab
{Decided on 19/03/2010}
Important Points
Murder--Extra judicial confession--If before amendment of charge, witness has supported the prosecution story and there is no allegation of threat etc., then after amendment of charge, if witness resiles from his earlier statement, then only inference which can be drawn is that second time evidence is to be ignored--Conviction upheld.
Subject
Criminal Law - Murder
Act Referred
INDIAN PENAL CODE : S.302, S.34
Headnote
(B) Indian Penal Code, 1860, S.302 and 34--Evidence Act, 1872, S.24--Murder--Blind Murder--Extra judicial confession--If before amendment of charge, witness has supported the prosecution story and there is no allegation of threat etc., then after amendment of charge, if witness resiles from his earlier statement, then only inference which can be drawn is that second time evidence is to be ignored--Story qua extra judicial confession as per his earlier statement is natural one--Second time, he had resiled from his earlier statement due to compromise with the appellants--Conviction upheld. (Para 39)
(C) Indian Penal Code, 1860, S.302 and 34--Murder--Blind Murder--Circumstantial Evidence--Test identification parade--Refusal to participate in the test identification parade is one of the circumstances to opine that the appellants had committed the crime--Conviction upheld. (Para 40)
For the Appellant:Mr. T.S.Sangha, Sr. Advocate, with Ms. G.K. Mann, Advocate.
For the Respondent: Ms. Gurveen H. Singh, Addl. AG, Punjab.
Jora Singh, J.:- Balbir Singh son of Bhag Singh, resident of Village Holl, District Ludhiana, and Major Singh son of Jaswant Singh, resident of Village Payal, District Ludhiana, were tried by the Court of Additional Sessions Judge, Gurdaspur, on the allegation that on the intervening night of 8/9.5.1995 in the area of Village Rangar Nangal, 7 kms from Police Station Rangar Nangal, they have committed the murder of Shangara Singh, aged about 35 years, and Paramjit Singh, aged about 32 years.
2. Vide judgment of conviction and sentence dated 6.10.2001 rendered by Additional Sessions Judge, Gurdaspur, appellants have been convicted under Sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo RI for two years, each, under Sections 302/34 IPC.
3. Prosecution story, in brief, is that on 8.5.1995 at about 9.00 PM while Harmohan Singh was present on the roof of his house, then sighted two tractors coming from the side of Rangar Nangal. One of the tractors was ‘Eicher’. On 9.5.1995 at about 7.00 AM, one Jagir Singh came to his house and reported that one tractor ‘Eicher’ along with thrasher was standing in his (Harmohan Singh) fields. Two dead bodies having injuries on their face and foreheads, were lying in the gunny bags, near the tractor. Draw bar of the tractor stained with blood was also noticed lying near the dead bodies. Harmohan Singh and Jagir Singh had gone to the spot. Two unidentified bodies were found lying near the tractor. On the umbrella, “Gautam Motors Branala” was found written and on one side of thrasher “Grewal Forms Mankoo Repair and Agriculture Works, Barnala Road Pakho Kenchain 1990 Mechanic Bhupinder Singh, Sukhdev Singh, Gurmej Singh, Joginder Singh and Painter Jasdarshan Rampur” was written. Statement was read over and explained to Harmohan Singh, who has signed the same in token of its correctness. In view of the statement dated 9.5.1995 recorded by Inspector/SHO Karaj Singh, formal FIR was registered.
4. Inspector Karaj Singh had gone to the spot. ASI Balwinder Kumar was deputed to visit the control room to enquire about the whereabouts of the owner of the tractor. Two receipts issued by Daljit Singh & Sons Commission Agents, Sathiala, were found lying near the dead bodies. ASI Manohar Singh was deputed to visit the shop of the Commission Agents at Sathiala, to know from where the receipts were issued. Inquest reports were prepared. Blood stained earth was lifted from the spot and taken into police possession vide memo (Ex.PT). Dead bodies were sent to the hospital for postmortem examinations.
5. Tractor along with thrasher was taken into police possession vide separate memo attested by the witnesses. Rough site plan was prepared. After postmortem examination, dead bodies were handed over to the relatives of the deceased for cremation.
6. On 21.6.1995, Hardev Singh had produced both the accused before Inspector Salinder Singh. They were taken into custody and were interrogated.
7. Accused suffered disclosure statements separately. In pursuance of the disclosure statement (Ex.PAA), Balbir Singh got recovered one gold ring, cash amounting to Rs.2140/-, a tractor and a thrashing machine from the specified place. Recovered articles were taken into police possession vide separate memo attested by the witnesses. In pursuance of the disclosure statement (Ex.PCC) suffered by Major Singh, he got recovered one gold ring and Rs.700/- from the specified place. Recovered articles were taken into police possession vide separate memo attested by the witnesses. Case property was deposited with the Incharge of Malkhana. After completion of investigation, challan was presented in the Court. Accused were charged under sections 302 and 404 IPC, to which they pleaded not guilty and claimed trial.
8. Prosecution examined number of witnesses.
9. PW1 Dr. Kulwant Kumar Singh stated that on 9.5.1995, he had conducted postmortem
