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2016 Supreme(P&H) 1583
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SNEH PRASHAR, J.
SARWAN SINGH - APPELLANT
VERSUS
STATE OF PUNJAB - RESPONDENT
CRA-S-553-SB of 2004
Decided On : 27-08-2016
For the Appellant :Mr. G.S. Sandhu, Advocate.
For the Respondent:Mr. P.S. Madahar, Assistant Advocate General, Punjab
The main legal point established in the judgment is the application of Section 304 of the Indian Penal Code to hold the appellant guilty of culpable homicide for selling spurious liquor.
Headnote:
spurious liquor - Culpable Homicide - Indian Penal Code, Section 304 - [Section 304 IPC] - The court discussed the evidence related to the sale of spurious liquor by the appellant, the chemical analysis of the liquor, and the testimony of witnesses to establish the commission of culpable homicide. The court upheld the judgment of conviction based on the evidence presented by the prosecution.
Fact of the Case:
The appellant was convicted for selling spurious liquor, which led to the death of three individuals and caused serious illness to another. The prosecution presented evidence of the purchase and consumption of the liquor, chemical analysis, and witness testimony to establish the appellant's guilt.
Finding of the Court:
The court found that the evidence presented by the prosecution established beyond reasonable doubt that the appellant had committed culpable homicide by selling spurious liquor, leading to the death of the individuals. The court upheld the judgment of conviction and dismissed the appeal.
Issues: The key issues revolved around the sale of spurious liquor, the credibility of witness testimony, and the defense's claim of false implication due to village politics.
Ratio Decidendi: The court relied on the evidence of witness testimony, chemical analysis of the liquor, and lack of substantive defense to establish the appellant's guilt for culpable homicide.
Final Decision: The court upheld the judgment of conviction and dismissed the appeal, ordering the appellant's arrest to serve the remaining sentence.
SNEH PRASHAR, J.
1. This appeal was preferred by appellant Sarwan Singh, assailing the judgment of conviction and order of sentence dated 26.09.2003 recorded by learned Additional Sessions Judge, Patiala, in Session Case No.1-T dated 04.07.2003 based on First Information Report No.980 dated 05.10.2001 registered at Police Station Sadar, Patiala, by virtue of which he (appellant) was sentenced to undergo RI for five years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo RI for six months, for commission of offence punishable under Section 304 Part-II of the Indian Penal Code (for short, “I.P.C.”).
The prosecution case, as extracted from the record, was as under:-
2. On 05.10.2001, when Sub Inspector Bhupinder Singh alongwith his official companions was present at bus stop of village Kalyan in connection with patrol duty, Niranjan Singh son of Norata Singh, resident of village Bibipur approached him and lodged a complaint. He stated that on 03.10.2001 when he had gone to visit his nephew (sister's son) Balbir Singh, who was residing separately with his family, he was told by Balbir Singh that he (Balbir Singh) alongwith one Kaka Singh had gone to the house of Sarwan (appellant) to purchase liquor where Binder Singh and Harbhajan Singh were already taking liquor. He and Kaka Singh purchased half sized bottle of liquor and consumed the same and he suspects that the liquor was not of good quality as because of it his stomach was upset.
3. Niranjan Singh stated that he advised Balbir Singh to drink lemon water and came back home. Next day, he again went to enquire about the well being of Balbir Singh but was told that he was not well and was lying inside. The very next morning, wife of Balbir Singh came to his house and informed him that Balbir Singh was badly unwell. He accompanied her and found that the condition of Balbir Singh was serious. A doctor was called who advised them to take Balbir Singh to Patiala. He received information regarding death of Kaka Singh who alongwith Balbir Singh had consumed the liquor purchased from Sarwan Singh. He was also told that the condition of Harbhajan Singh and Binder Singh, who too had consumed the same liquor, was serious. He and his son rushed Balbir Singh to Garg Hospital, Patiala in a tempo but Balbir Singh died on the way. They brought back the dead body to the village, which by then had turned black. At about 3:00 p.m., Binder Singh also died. It was stated by Niranjan Singh that all these deaths had taken place due to consumption of liquor purchased from Sarwan Singh.
4. Based on the statement of Niranjan Singh, a formal First Information Report was got registered by Sub Inspector Bhupinder Singh at Police Station Sadar, Patiala and investigation commenced. He visited the hut (Chhan) of Sarwan Singh but he was not available there. From the hut, one plastic can containing some milky coloured liquor was taken into possession and was sealed with seal bearing letters 'BS'. Statements of the witnesses were recorded. On 06.10.2001, pieces of bones from the cremation ground where Binder Singh, Balbir Singh and Kaka Singh were cremated were also taken into possession and packed in separate parcels. The case property was deposited with Mohrer Malkhana. Appellant Sarwan Singh was arrested on 07.05.2002 and on completion of investigation was challaned.
5. The appellant was charge-sheeted and subjected to face trial for commission of offence punishable under Section 304 I.P.C.
6. To substantiate the charge, the prosecution examined as many as 13 witnesses namely PW1 Niranjan Singh, PW2 Harbhajan Singh, PW3 Balwinder Singh, PW4 Dr. S.S. Oberoi, PW5 Dr. Sukhwinder Singh, PW6 Indresh Khanna, PW7 HC Rupinder Singh, PW8 C.Gurjiwan Singh, PW9 Dr. Simapreet Maan, PW10 Dr. Kunal Gupta, PW11 Inspector Bhupinder Singh, PW12 ASI Amarjit Singh and PW13 ASI Gurbaj Singh.
7. After closure of evidence of the prosecution, in his statement recorded under Section 313 of the C
