Back
PUNJAB AND HARYANA HIGH COURT
K.S. Tiwana, J.
Gurnam Kaur - Appellant
Versus
State of Haryana - Respondent
Criminal Appeal No. 485-DB of 1985.
Decided On : 29 September, 1986
CRIMINAL APPEAL - MURDER - SECTION 302, 34, 120-B IPC - ARMS ACT SECTION 25 - FACTUAL CIRCUMSTANCES - EVIDENCE OF APPROVER - EXTRAJUDICIAL CONFESSION - RECOVERY OF WEAPONS - TESTIMONY OF WITNESSES - RELIABILITY AND CORROBORATION - INTERPRETATION OF EVIDENCE - COURT'S FINDINGS AND CONCLUSIONS.
Fact of the Case:
Joginder Singh was found dead in a field with multiple stab and incised wounds. Gurnam Kaur, the victim's wife, implicated Baldev Singh, Maghar Singh, and Bhira in the murder. Maghar Singh, an approver, confessed to participating in the murder along with Baldev Singh and Bhira at Gurnam Kaur's behest. The accused were arrested, and weapons allegedly used in the crime were recovered based on their confessions. The trial court convicted the accused under Sections 302/34, 120-B IPC, and Section 25 of the Arms Act.
Finding of the Court:
The High Court found that the evidence against the accused was insufficient and unreliable. The court noted that the approver's testimony lacked corroboration, the extrajudicial confessions were not made in natural circumstances, and the recovery of weapons was fabricated. The court also found that the testimony of witnesses who claimed to have seen the accused with the victim was not convincing.
Issues: 1. Whether the evidence of the approver was reliable and sufficiently corroborated. 2. Whether the extrajudicial confessions of the accused were made voluntarily and in natural circumstances. 3. Whether the recovery of weapons was genuine and reliable. 4. Whether the testimony of witnesses who claimed to have seen the accused with the victim was credible.
Ratio Decidendi: 1. The court held that the approver's testimony was not reliable as it lacked corroboration from independent sources. The court noted that the approver had admitted to washing the murder weapons, which would have removed any bloodstains, yet the weapons were later found to be stained with human blood. 2. The court held that the extrajudicial confessions of the accused were not made voluntarily and in natural circumstances. The court found it suspicious that the accused would confess to a crime to a person from a different village and that the police conveniently arrived at the scene just as the confessions were being made. 3. The court held that the recovery of weapons was fabricated as there was a conflict in the testimony of witnesses regarding the sequence of events. The court also found it suspicious that the weapons, which had been washed, still contained bloodstains. 4. The court held that the testimony of witnesses who claimed to have seen the accused with the victim was not credible as they could not provide specific details about the incident.
Final Decision: The High Court accepted the appeals, set aside the convictions, and acquitted the accused of all charges.
K.S. Tiwana, J. - Matu Singh, PW3, resident of village Talwari, District Hissar, was a Siri of Harnek Singh of his village. On the morning of 18th of March, 1984 after irrigating the fields, he started for his house. At about 5.30 a.m. he saw the dead body of Joginder Singh of his village lying in a field near the bundle of sticks. He went to Nachhatar Singh Sarpanch of his village, who went to the police Station, Jakhal and made the first information report at 9.45 a.m. on the same day.
2. Sub Inspector Gurbachan Singh, PW15 after recording the first information report went to the place where dead body was lying and prepared the inquest report on it. He sent the dead body for post-mortem examination. He lifted three moulds from the place of occurrence. He also collected some pieces of garlic, agajhalo, shoes, chappal and cotton sticks and blood stained earth. These were turned into separate parcels and sealed.
3. Dr. S.K. Batta, PW1, on 19th March, 1984, at 9.30 a.m., performed autopsy on the dead body of Joginder Singh and found the following injuries :-
(1) There was incised wound on left side of neck measuring 4 x 1-1/2" x 1-1/2" deep. It was extending from a point of 1/2" below and 1/2" in front of angle of left mendible. It was extending backward in an oblique manner slightly downward on the neck. Margins were smooth and regular. Underlying sub cutaneous tissues, muscles, vessels and nerves were cut. External carotid and jogular veins on left side were completely out. There was lot of haemorrhage present around the wound and in deep tissues.
(2) There was an incised wound 2" x 1/2" x 1/2" deep on left side of neck. 1" below injury No. 1.
(3) There was an incised wound 1" x 1/2" x skin deep present on neck half inch below injury No. 2.
(4) There was an incised wound 1" x 1/8" x skin deep present half inch below injury No. 3.
(5) There was a stab wound 1" x 1/4" on left side of chest at 10th space in mid axillary lin. On exploration, there was lot of haemotoma in intervening muscles and tissues and there was a cut 3/4" x 3/4" in the spleen, and pertitional cavity was full of blood stained fluids.
(6) A dark red coloured contusion irregular shaped 2" x 1" on top of left shoulder, was present.
(7) A dark red coloured 1-1/4" x 1/4": transversely placed was present in middle of back of left arm.
(8) There was a dark red contusion 3/4" x 1-1/4" on front of right forearm near wrist joint.
The peritoneal cavity was full a blood. There was green discolouration on the illiac fossa and lower abdomen. In the opinion of the doctor shock and haemorrhage caused by the mulhole ante mortem injuries were sufficient to cause the death of Joginder Singh in the ordinary course of nature. The death occurred instantaneously and the post mortem was conducted within 12 to 48 hours of the death.
4. On 22nd of March, 1984, Gurnam Kaur accused wife of Joginder Singh deceased went to Jaswant Singh PW9, a Lambardar of village Sadhanwas and stated that she had got murdered her husband from Baldev Singh, Maghar Singh and Bhira accused. She, however, did not give any cause for the murder of her husband. Jaswant Singh took Gurnam Kaur accused and produced her before Sub Inspector Gurbachan Singh on the same day, who arrested her. On 25th of March, 1984, Baldev Singh and Bhira accused came to Gurdev Singh PW12 resident of village Talwara, at the bus stop of his village. They confessed before him that they along with Maghar Singh approver PW6 committed the murder of Joginder Singh deceased at the instance of his wife Gurnam Kaur. Both the accused also told him, that they had illicit relations with Gurnam Kaur accused. When Gurdev Singh PW12 was still talking to the accused Gurbachan Singh Sub Inspector PW15 with the police party came there. Gurdev Singh PW12 produced the accused before Gurbachan Singh Sub Inspector PW15, who arrested them.
Baldev Singh accused on interrogation made a statement to the effect that he had kept concealed one spear in the field
AI
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
