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2014 Supreme(P&H) 1471
PUNJAB & HARYANA HIGH COURT
Rajive Bhalla, Surinder Gupta, JJ.
Bijender Singh - Appellant
Versus
State of Haryana - Respondent
Crl. Appeal No. D-24-DB of 2010
Decided On : 28-11-2014
For the Appellant :Rishi Malhotra, Advocate
For the Respondents: Baldev Singh, Addl. A.G.
The court clarified the requirement for establishing a violation of the Arms Act, 1959 and rectified a procedural lapse by providing the appellant an opportunity to explain incriminating evidence.
Headnote:
Conviction - Indian Penal Code - 302, Arms Act, 1959 - 27(1)
Fact of the Case:
The appellant was convicted for the murder of his brother and sentenced under Section 302 of the Indian Penal Code and Section 27(1) of the Arms Act, 1959. The incident arose from a land dispute between the appellant and the deceased, resulting in the appellant shooting and killing his brother.
Finding of the Court:
The court found that the appellant's guilt was established based on the testimony of the complainant, medical evidence, and the report of the Forensic Science Laboratory. The court also addressed the failure to confront the appellant with the FSL report during trial, rectifying the lapse and providing the appellant an opportunity to explain the evidence.
Issues: The issues included the admissibility of the FSL report, witness credibility, and the delay in reporting the incident to the police.
Ratio Decidendi: The court affirmed the conviction under Section 302 I.P.C. based on the complainant's testimony, motive, and forensic evidence. However, the court set aside the conviction under Section 27 of the Arms Act, 1959, as the prosecution failed to establish a violation of Section 5 and 7 of the Arms Act, 1959.
Final Decision: The conviction and sentence under Section 302 I.P.C. were affirmed, while the conviction and sentence under Section 27 of the Arms Act, 1959 were set aside.
1. This appeal has been preferred against judgment of conviction dated 17.12.2009 and order of sentence dated 21.12.2009 passed by Sessions Judge, Bhiwani, whereby appellant was convicted for offences punishable under Sections 302 of Indian Penal Code (for short 'I.P.C.') and 27(1) of Arms Act, 1959 and sentenced as follows:-
Convicted for the offence punishable under Section Sentence
Rigorous imprisonment Fine
302 IPC For life Rs. 20000 in default of paument of fine to further undergo rigorous imprisonment for two for two year.
27(1) Arms Act, 1959 Three years Rs. 10000 in default of payment of fine to further undergo rigorous imprisonment for six months.
An F.I.R. No. 177 dated 02.10.2008 was registered at Police Station Badhra, District Bhiwani on the statement of complainant Satyawati wife of Bije Singh @ Sanjay. In her statement (Ex. P15), she had stated that her husband has three brothers namely, Bijender (appellant), Ved Parkash and Rajbir. Her husband wanted to sell two killas of land of his share but appellant Bijender was stopping him from doing so. The appellant along with his family was residing at Rajgarh (Rajasthan) and was a member of Panchayat. He had come to the village for the last three days prior to occurrence. On 02.10.2008, husband of complainant had gone to Dadri in connection with sale of his land and returned home at 06.00 p.m. After taking meal, at about 08.30 p.m., he was rinsing his mouth, when appellant Bijender came from the adjoining house and asked Bije Singh not to sell his share of land, at which Bije Singh apprised him that he had already settled transaction for sale of his share of land. This led to exchange of hot words between them. The appellant went inside giving threat to teach a lesson and brought a gun. He fired two shots, hitting her husband, who died at the spot. Thereafter, appellant asked complainant not to report the matter to police and allured to keep her as his daughter, but at the same time threatened that in the event of matter being reported, she will also be killed. On hearing the sound of gunshots, Rajbir elder brother of husband of complainant and his wife Anita came rushing to the spot and on seeing them, appellant ran away from the spot.
2. Rajbir gave the information to Hawa Singh, Sarpanch of village, who further informed the police on telephone. Inspector Krishan Lal, reached the spot and recorded statement of complainant Ex. P15, made his endorsement Ex. P32 on the statement and sent it to police station, where formal F.I.R. Ex. P16 was recorded. He inspected the dead body and a pair of slipper (Chappal) stained with blood, lying at the spot was taken into possession along with blood stained earth vide recovery memo Ex. P21. He prepared inquest report Ex. P20 and sent dead body to General Hospital, Bhiwani for post-mortem examination. The appellant was apprehended on the passage running between village Dagroli and village Aun. Pursuant to his disclosure statement (Ex. P23), appellant got recovered his double barrel gun, five live cartridges, two empty shells and his gun licence which were put in a parcel and taken into possession vide recovery memo Ex. P24.
3. Post-mortem examination of deceased Bije Singh @ Sanjay was conducted by Dr. Naresh Kumar Verma (PW 9) along with Dr. Randeep Singh Punia. They found following injuries on the person of deceased:-
"(1) There were two entry wounds with inverted margins with blackening and greasy margin placed obliquely on the right side of nose, oval shaped, measuring each 3 X 2 c.m.s with a thin skin partition with blood clots present on the normal site and also on the body and clothes (pant). Dead body was x-rayed and found multiple pellets on the x-ray seen. On further dissection, no distinguished track was found although multiple pellets with 'khol' covers of the 'kartus' non-radio opaque received and sealed."
4. The doctor (PW 9), opined that the death was caused due to injury on
