Back
2010(4) LAW HERALD (P&H) (DB) 2950
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Ashutosh Mohunta
The Hon’ble Mr. Justice Nawab Singh
Criminal Appeal No. 653-DBA of 2002 and Criminal Revision No. 1991 of 2002
State of Haryana & Ors.
v.
Bijender Singh alias Lamba & Ors.
{Decided on 14/07/2010}
Both deceased died on account of fire arm injuries--Case of prosecution that on June 22nd, 1998, (PW-12) brother of both deceased was on his way back from Delhi to his village in a bus, at about 8/8.30 PM, he noticed all accused except 'C' and deceased standing on turning of village--He alighted from bus to inquire from his brothers as to why they were standing on turn and after inquiring, he left for his village--Deceased did not return--Next day dead body of 'J' was recovered from drain near field in village--Doctor recorded in his observations that brain of 'J' was liquified and liquification of brain takes place in 3 to 5 days--Post-mortem examination was conducted on June 25th, within a period of less than 3 days of witnessing accused and deceased together by PW 12 which shows that deceased was not murdered on intervening night of June 22/23th, 1998 rather, prior thereto--Evidence of last seen fails to inspire confidence.
(B) Indian Penal Code, 1860, S.302, 148, 201, 120-B r/w S.149--Arms Act 1959, S.25--Murder--Recovery of weapon--Acquittal--FSL vide its report (opined that .315" fired cartridges and .315" bullets recovered from dead bodies of deceased were not fired from country-made pistols allegedly got recovered accused-respondents--Recovery of pistols by accused also does not connect them with commission of crime. (Para 24)
(C) Indian Penal Code, 1860, S. 302, 148, 201, 120-B r/w S.149--Arms Act 1959, S.25--Murder--Acquittal--Recovery of motor cycle of (deceased) at instance of accused-respondent is reliable--Alleged occurrence took place on June 22nd, 1998--There was no whisper till July 8th, 1998 that motor-cycle of deceased was not traceable--Accused got motor-cycle recovered from an abandoned brick-kiln and that too, in village--Motor-cycle could easily be taken somewhere else and could be destroyed completely than to park it at an abandoned place--Thus, recovery of motor cycle by accused-respondent is not substantiated and is therefore, repelled. (Para 25)
(D) Indian Penal Code, 1860, S.302, 148, 201, 120-B r/w S.149--Arms Act 1959, S.25--Murder--Acquittal--Last seen evidence--Complete chain of circumstances inevitably leading to inference of guilt on part of accused has not been established--Learned trial Judge rightly acquitted accused-respondents. (Para 26)
Mr. Nawab Singh J.:- This judgment would dispose of Criminal Appeal No. 653-DBA of 2002 filed by the State of Haryana and Criminal Revision No. 1991 of 2002 filed by Basant Singh-complainant as they have arisen out of a common judgment dated January 11th, 2002 passed by Additional Sessions Judge, Jhajjar, whereby accused-respondents were acquitted in cases bearing First Information Report No. 193 dated June 23rd, 1998 under Sections 148, 201, 302/120-B read with Section 149 of Indian Penal Code and Section 25 of Arms Act and FIRs No. 210, 211 and 212 dated, July 8th, 1998 under Section 25 of the Arms Act Police Station Sadar Bahadurgarh.
2. In brief, prosecution story is that on June 22nd, 1998 at about 8 PM Jaibir and Ashok (both brothers-deceased) and Bijender, Ashok Kumar, Satish, Joginder Pal all residents of village Isapur, Ram Avtar and Krishan Kumar accused-respondents were present on the turning of village Isapur. Vijay Singh brother of the deceased was on his way back from Delhi to his village Isapur in a bus. On noticing his brothers and the accused-respondents, he alighted form the bus and asked his brothers as to why they were standing there. The deceased told him that Ram Avtar and Krishan accused-respondents were to pay their money which was paid to them through Bijender. Thereafter, they never returned to their house.
3. On June 23th, 1998 a few women of village Lohat had gone to the fields to cut the grass and noticed a dead body of a young boy having injuries lying in a drain near the field of Umed Singh. They informed Lakhmi Chand Sarpanch of Gram Panchayat Lohat. Lakhmi Chand, Jagmal and Banwari reached the spot. From the spot, Lakhmi Chand reached Police Post Badli, Police Station Bahadurgarh and informed the Police. A wireless message was sent to Mohar Singh, Station House Officer, Police Station Bahadurgarh (PW-19) by Police official of Police Post Badli. Mohar Singh, Sub Inspector reached the spot. He recorded the statement of Lakhmi Chand (Exhibit PJ) and appended his endorsement (Exhibit PJ/2). First Information Report (Exhibit PJ/1) was recorded in Police Station Badli. Inquest proceedings (Exhibit PAB) were conducted. Fired cartridges, live cartridges, 4 buttons, bullets, sleepers and blood stained earth were taken into possession vide recovery memorandum (Exhibits PK). The dead body was also photographed. Rough site plan (Exhibit PAA) was prepared. The dead body was sent for post-mortem examination.
4. On June 24th, 1998 Vijay Singh and Basant Singh identified the dead body to be of their brother-Jaibir.
5. On June 29th, 1998 Hoshiar Singh (PW-17), In charge Police Post Badli along with other Police officials was on patrol duty near Dhansa border. Partap Singh resident of village Badli informed him that he noticed a dead body of a young person lying in the water-course near the bridge and field of Jai Bhagwan. Statement of Partap Singh (Exhibit PP) was recorded. He appended his endorsement (Exhibit PP/1). Daily Diary Report (Exhibit PP/2) was recorded in Police Station Bahadurgarh. He reached the spot. Inquest proceedings (Exhibit PS) were conducted. The dead body was photographed. The dead body was of Ashok which was identified by his brothers Vijay Singh and Basant. The dead body was sent for post-mortem examination. Post mortem examination was conducted by Dr. S.K. Dhatarwal (PW-16).
6. On July 4th, 1998 Bijender, Ashok, Satish, Krishan and Ram Avtar were arrested on the canal bridge in village Shidipur by Pyara Ram (PW-25) District Inspector. Joginder Pal and Chandurp accused-respondents were arrested on July 5th, 1998 and October 27th, 1998 respectively.
7. On July 8th, 1998 Birender, Satish, Ashok and Naresh Kumar accused-respondents were interrogated by Mohar Singh (PW-19), Pyara Ram (PW-25), Hoshiar Singh (PW-17) and Ram Avtar (PW-24) respectively.
8. In pursuance to the disclosure statement of Bijender Singh (Exhibit PM), a country-made pistol (Exhibit P-21) and a live cartridge wer
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
