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2018 Supreme(P&H) 3221
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Inderjit Singh, JJ.
Balwinder Singh @ Minkal Bajaj - Appellant
Versus
Union Territory, Chandigarh - Respondent
Criminal Appeal (D) No. 740 of 2012
Decided On : 19-03-2018
Baljit Mann, Adv., Ashima Mor, Adv., Ramdeep Partap Singh, Adv.
The main legal point established in the judgment is the standard of proof beyond reasonable doubt required for conviction in criminal cases.
Headnote:
Conviction - Appeal - Section 302 IPC, Section 25 of the Arms Act - Summary of Acts and Sections: The court discussed the evidence related to the oral dying declaration given by the deceased, the recovery of the weapon from the accused, and the motive behind the crime. The court upheld the judgment of conviction and order of sentence based on the prosecution's proof beyond reasonable doubt.
Fact of the Case:
The appellant challenged the judgment of conviction and order of sentence passed by the trial court. The case involved the murder of the appellant's brother-in-law, with the prosecution relying on an oral dying declaration made by the deceased naming the appellant as the assailant.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt, citing the consistency and reliability of the witnesses' statements, the recovery of the weapon, and the established motive for the crime.
Issues: The issues revolved around the sufficiency of evidence, reliability of the oral dying declaration, and the presence of motive for the crime.
Ratio Decidendi: The court's decision was based on the prosecution's proof beyond reasonable doubt, the consistency and reliability of witness statements, and the established motive for the crime.
Final Decision: The court upheld the judgment of conviction and order of sentence, dismissing the appeal for lack of merit.
JUDGMENT
Inderjit Singh, J —The present appeal has been filed by appellant-Balwinder Singh @ Minkal Bajaj challenging the judgment of conviction dated 14.07.2012 and order of sentence dated 17.07.2012, passed by learned Additional Sessions Judge, Chandigarh, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of 25,000/- under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.
2. The brief facts of the case are that FIR, in the present case, was registered on the basis of statement got recorded by Kiran Harpreet Kaur Cheema to Inspector Mahabir Singh, on 13.07.2010. In her statement, she stated that she had two brothers, the elder one lives in Canada and the younger one Tripatdeep Singh @ Tippa was living in Muktsar. Tripatdeep Singh Sekhon was visiting her in Zirakpur for the last several days in connection with his work. On 13.07.2010, Tripatdeep Singh took her daughter Abir, aged about 4 years and Kinetic bearing No.PB-58-F-2457 to visit a family friend Paramjit Kaur daughter of Gurjant Singh, r/o House No.1610, Sector 7-C, Chandigarh, who also belonged to Muktsar. The complainant received telephonic information that Tripatdeep Singh was admitted in Sector-16 Hospital in an injured condition. Thereafter, she rushed to emergency Ward, General Hospital, Sector-16, Chandigarh where Paramjit Kaur was also present. She asked Tripatdeep Singh how the incident occurred and in the presence of Paramjit Kaur and the police, he told her that he had been shot by Balwinder Singh @ Minkal Bajaj and his companions. Thereafter, his condition deteriorated and he was referred by the doctors to PGI. She reached PGI in government ambulance where the doctors in emergency declared him dead. Minkal Bajaj and his accomplices had murdered her brother with gun shot on account of previous enmity. On this statement, ruqa was sent to the police station, upon which, FIR was registered. Site plan was prepared and statements of witnesses were recorded. Inquest proceedings were conducted. Post-mortem was also got conducted on the dead body. On 28.07.2010, accused-Balwinder Singh @ Minkal Bajaj was arrested. Car Santro bearing No.PB-30-F-5935, revolver . 32 bore B-3480 and 4 live cartridges .32 bore were recovered from his possession. After necessary investigation, challan was presented against the accused-appellant.
3. On presentation of challan against appellant-accused, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the appellant was charge-sheeted under Section 302 IPC and Section 25 of the Arms Act, to which he pleaded not guilty and claimed trial.
4. In support of its case, the prosecution examined PW 1 SI Inder Singh, who deposed regarding recording of formal FIR Ex.PB on receiving ruqa Ex.PA.
5. Pw 2 Sub Inspector Dharampal was the incharge of PCR gypsy No.CH01G1-6271. He stated that on 13.07.2010, at around 4.15 P.M., he received wireless message from Control Room that one person is lying in injured condition near Grewal Eye Institute, Sector 9, Chandigarh. He visited the spot and on the backside of the said institute, he found one person lying in injured condition who disclosed his name as Tripatdeep Singh. He alongwith other police officials lifted the injured and shifted him to the General Hospital, Sector 16 Chandigarh for treatment. When he reached General Hospital, Sector 16, Chandigarh, Harkiranjeet Kaur, who disclosed herself to be sister of injured also reached there and he also met Paramjit Kaur. He further stated that in the presence of Paramjit Kaur and Harkiranjeet Kaur, the injured disclosed him that he has been gunshot by Minkal Bajaj. When they approached the doctor in the emergency, the injured became serious and was treated and referred to PGI and the injured was shifted to PGI. He also deposed that thereafter, he came to the spot of occurrence and Inspector Mahavi
