2016 Supreme(P&H) 867
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
S.S. SARON & GURMIT RAM, JJ.
Prince Bhalla and ors. - Appellants
Versus
State of Punjab - Respondent
CRA-D-24-DB of 2012 (O&M)
Decided On : 27-5-2016
For the Appellant No.1 :Ms. Lucy Massey, Advocate.
For the Appellants No.2 and 3 :Mr. S.S. Rana, Advocate.
For the Appellant No.4 :Mr. Anil Kumar Bhardwaj, Advocate.
For the Respondent: Ms. Manjri Nehru Kaul, Addl. A.G., Punjab.
The judgment highlights the importance of establishing a complete chain of evidence and the need for circumstantial evidence to be consistent only with the hypothesis of the guilt of the accused.
Headnote:
FIR No.36 dated 1.9.2007, u/Ss 302 and 201 read with Section 34 of the Indian Penal Code - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - The case involved the appellants being held guilty for the offences punishable under Sections 120-B, 302 and 201 of the IPC and sentenced accordingly. The judgment discusses the prosecution's case, the evidence presented, and the inconsistencies in the witness statements. The court ultimately acquitted the appellants due to the lack of conclusive evidence.
GURMIT RAM, J.
1. This appeal is preferred by above-said appellants Prince Bhalla and others (accused) against the judgment and order of sentence dated 8.12.2011 passed by the learned Additional Sessions Judge, Hoshiarpur in criminal case bearing FIR No.36 dated 1.9.2007, u/Ss 302 and 201 read with Section 34 of the Indian Penal Code ('IPC' – for short), Police Station Talwara, District Hoshiarpur vide which appellants – herein (accused) were held guilty for the offences punishable under Sections 120-B, 302 and 201 of the IPC and sentenced thereunder as detailed below :
Under Section
Imprisonment
Fine
In default of payment of fine
302, IPC.
Life imprisonment each
Rs.20,000/- each
R.I. of two years each
120-B, IPC.
Life imprisonment each
Rs.20,000/- each
R.I. of two years each
201, IPC.
R.I. of three years each
Rs.5,000/- each
R.I. of six months each
2. The case of the prosecution as presented before the learned trial Court, in brief, was that on 1.9.2007, a telephonic message was received at Police Station Talwara that the dead body of a young man is lying in the low lying area on the corner of the road in the area of village Puhari. Upon this, SI/SHO Kuldip Singh along with ASI Phulla Singh and other police officials proceeded to that spot in a Government vehicle. On receipt of this information, Jagtar Singh son of Kashmiri Lal, Paramjit Singh (Member Panchayat) and Swaran Singh son of Joginder Singh all residents of village Kharal Kalan, P.S. Bhogpur also reached at the spot. Said Jagtar Singh (complainant) identified the dead body of deceased as of his brother namely Gurpal Singh. He made his statement Ex.PL/1 before the police which in nutshell was as under:
“That he is running the electric motors' repair work at village Bhogpur. His brother Gurpal Singh @ Palli who was working as a driver for the last 10-15 years had left this work and now he is doing the household work. Whenever any person needed his services as a driver, he was used to be taken by that person. On 22.8.2007, one Manraj Singh son of Kehar Singh, resident of his village came to their house in the morning, who told his brother Gurpal Singh to drive his car for few days as his brother-in-law (Jija) Tejinder Singh son of Gurbachan Singh, resident of Bhogpur has come from America, who wanted to visit in their relations. From that very day, his brother Gurpal Singh was driving Scorpio vehicle bearing registration No.PB-08-AV/8686 of said Manraj Singh, who used to come back home at night. On 29.8.2007, his brother had gone from Bhogpur alongwith car in the morning at about 8:30 A.M. and while going, he told them that he will not come back home at night. His brother took Tejinder Singh from Bhogpur for roaming, on that very day in the evening at about 4:00 p.m. His brother did not come back home till the evening of 30.8.2007. So he and his mother Resham Kaur went to the house of said Manraj Singh to know the whereabouts of his brother. Manraj Singh told them that he is already searching his brother-in-law on his mobile No.99887-77620, but failed to find out any clue. He (complainant) and Manraj Singh gave information to the Police Station Bhogpur regarding missing of said Gurpal Singh and Tejinder Singh. Today on 1.9.2007, on receipt of information that dead body of a young man is lying in the low lying area of village Puhari, P.S. Talwara, he along with above said Swaran Singh and Paramjit Singh reached at the spot and found that dead body of his brother is lying in the low lying area on the corner of the road with face downwards. The dead body was in a decomposed condition and it was emitting foul smell. There he came to know that the dead body of said Tejinder Singh is found out from the canal and action is being taken by the police of Police Station, Mukerian. He is certitude that his brother has been mur