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2008 N.C.C. 46
UTTARAKHAND HIGH COURT
Hon’ble Mr. Chief Justice Rajeev Gupta and Hon’ble Mr. Justice J.C.S. Rawat
HARI SINGH AND ANOTHER – Appellants
Versus
STATE – Respondent
Criminal Appeal No. 618 of 2001
Decided on : 14.06.2007
(B) Criminal Trial — It is well settled principle of law that animosity is a double-edged sword — It cuts both sides — It could be a ground of false implication and it could also be a ground for assault. (Para 14)
(C) Criminal Trial — Relative witness — Just because the witnesses are related to the deceased would be no ground to discard their testimony — If otherwise their testimony inspires confidence.
(Para 14)
(D) Criminal Trial — Number of witnesses — The quality of the evidence, and not the quantity, which is required — If the evidence available on the record is otherwise satisfactory in nature and can be said to be trust worthy — Then increase in the number of witnesses can not be the requirement of the case. (Para 15)
(E) Criminal Procedure Code, 1973, Section 154 — Incident took place at about 9.30 p.m. on 18.5.1987 — FIR lodged at 12.15 a.m. in the same night — The distance between the police station and place of occurrence is 11 km. — The deceased was admitted in hospital at about 10.12 p.m. — The condition of the deceased was precarious — He was struggling for his life and the entire family of the deceased was busy in looking after him — There is no delay in lodging the FIR. (Para 17)
(F) Indian Penal Code, 1860, Section 307 — To constitute an offence under section 307 IPC two ingredients of the offence must be present — (a) an intention of or knowledge relating to commission of murder and (b) the doing of an act towards it — In the absence of intention or knowledge which is the necessary ingredients of section 307 IPC, there can be no offence of "attempt to murder". (Para 22)
¼v½ nkf.Md ijh{k.k & ?kk;y lk{kh ,d lk/kkj.k p{kqn'khZ lk{kh ls vf/kd Å¡pk in j[krk gS & ;g Hkyh Hkk¡fr LFkkfir gS fd ,d ?kk;y lk{kh dk vfHklk{; nks"kflf) ds fy, i;kZIr vk/kkj gks ldrk gS & mlds vfHklk{; dh lEiqf"V vko';d ugha gS] mldk vfHklk{; gh l'kDr ,oa fo'oluh; gS & ?kk;y lk{kh dh mifLFkfr dks udkjk ugha tk ldrk & ?kk;y lk{kh dk vfHklk{; Lo;a gh vius vki esa izklafxd ,oa izHkkodkjh gksrk gS & ;g rF; fd lk{kh dks ml le; o ?kVuk ds LFkku ij pksVsa igq¡ph mlds vfHklk{; dks lgk;rk iznku djrk gS fd lk{kh ?kVuk ds le; ogka ij mifLFkr Fkk & 2003 ,l lh lh ¼fdzfeuy½ 1144 vkSj 2004 ,l lh lh ¼fdzfeuy½ 2013 dk vuqlj.kA
¼izLrj 13½
¼c½ nkf.Md ijh{k.k & ;g fof/k dk iw.kZ LFkkfir fu;e gS fd nq'euh ,d nks&/kkjh ryokj dh rjg gksrh gS & ;g nksuksa vksj ls dkV dj ldrh gS & ;g ,d feF;k Qalko dk vk/kkj Hkh gks ldrh gS vkSj ;g ,d pksV igqapkus dk dkj.k Hkh gks ldrh gSA
¼izLrj 14½
¼l½ nkf.Md ijh{k.k & lEcU/kh lk{khx.k & dsoy bl dkj.k fd lk{khx.k e`rd ds lEcU/kh ¼fj'rsnkj½ Fks muds vfHklk{; dks vfo'oluh; ugha cuk;sxk & ;fn mudk vfHklk{; fo'oluh; izrhr gksrk gSA ¼izLrj 14½
¼n½ nkf.Md ijh{k.k & lkf{k;ksa dh la[;k & lk{; dh izdfr] vkSj u fd lkf{k;ksa dh la[;k] tks fd vfuok;Z gS & ;fn vfHkys[k ij mifLFkr lk{; dh izdfr lUrks"ktud gS vkSj mls fo'oluh; dgk tk ldrk gS & rks okn esa dsoy lkf{k;ksa dh la[;k dks c<+kus dh vko';drk ugha jg tkrh gSA ¼izLrj 15½
¼p½ n.M izfd;k lafgrk] 1973] /kkjk&154 & ?kVuk fnukad 18-5-1987 dh jkf= dks yxHkx 9-30 cts ?kfVr gqbZ & rFkk izFke lwpuk fjiksVZ mlh jkf= dks yxHkx 12-15 cts ntZ djkbZ xbZ & ?kVuk LFky vkSj iqfyl LVs'ku dh nwjh yxHkx 11 fdyksehVj Fkh & e`rd dks yxHkx jkf= 10-12 cts vLirky esa nkf[ky fd;k x;k Fkk & rFkk e`rd dh gkyr dkQh xEHkhj Fkh & og ftUnxh ds fy, yM+ jgk Fkk vkSj e`rd dk leLr ifjokj mldh ns[kHkky djus esa O;Lr Fkk & bl izdkj izFke lwpuk fjiksVZ dks nsjh ls ntZ gqvk ugha dgk tk ldrkA ¼izLrj 17½
¼N½ Hkkjrh; n.M lafgrk] 1860] /kkjk&307 & fdlh vijk/k dks Hkkjrh; n.M lafgrk dh /kkjk&307 dh ifjf/k esa ykus ds fy;s fuEufyf[kr vko';d rRoksa dk mifLFkr gksuk vko';d gS & ¼v½ gR;k djus ds fy, vk'k; ;k Kku dk gksuk & ¼c½ vkSj mldks dkfjr djus ds fy, fdlh dk;Z dk fd;k tkuk & fdlh vk'k; ;k Kku dh vuqifLFkfr esa tks fd /kkjk&307 dk vko';d rRo gS ßgR;k ds iz;klÞ dks dksbZ vijk/k ugha curk gSA ¼izLrj 22½
(Per : Hon’ble J.C.S. Rawat, J.)
This Criminal appeal has been directed against the judgment and order dated 26.08.1989 passed by Shri M.L. Singhal, the then Sessions Judge, Pithoragarh in S.T. No. 30/1988 State Vs. Hari Singh & another, whereby the appellant-Hari Singh was convicted and sentenced to undergo imprisonment for life and for six years under section 302 & section 307 IPC respectively. The appellant-Inder Singh was convicted and sentenced to undergo imprisonment of life and for six years under Section 302/34 IPC and section 307/34 IPC respectively. Both sentences were to run concurrently.
2. The facts, in nutshell, are that Hari Singh and Inder Singh (appellants) are the cousins of Laxman Singh – informant and Kundal Singh – deceased. Mohan Singh PW2 is the real uncle of appellants (Hari Singh & Inder Singh), Laxman Singh PW1 and Kundal Singh-deceased. The family of the appellants-accused were not having good relations with the families of Kundal Singh (deceased) and Laxman Singh PW1. They were not even on visiting and talking terms for the past six to seven years from the date of incident. The appellants-accused devoured the land of the family of the deceased-Kundal Singh. Laxman Singh PW1- brother of the deceased was employed in the Army while the appellants-accused were unemployed. The appellants-accused have developed jealously with the family of the deceased. On 18.05.1989 the marriage procession of one-Prahlad Singh was going from Beda village to village Sirmoda-near Gyaradevi. In the said marriage procession, the appellants (Hari Singh & Inder Singh), the deceased-Kundal Singh, Laxman Singh PW1, Mohan Singh PW2 and Gopal Singh PW3 were present alongwith other guests (‘Baraties’). At about 9.30 pm when the marriage party (Barat) was going on the way to Gurna from Gyaradevi, the procession came to a halt and few ‘Baraties’ started dancing. There were 4-5 gas lanterns in the procession. One-Khim Singh persisted to continue the dance there. Mohan Singh PW2 – real uncle of the appellants, informant and Kundal Singh deceased asked him to discontinue the dance and to proceed further as it was getting late. Both Khim singh and Mohan Singh PW2 joined over this issue and the exchange of hot words took place between them. The deceased Kundal Singh also appeared there and tried to intervene in the matter. Kundal Singh asked them to stop the dance and to proceed further. In the meantime, the appellants Hari Singh and Inder Singh also appeared there and pressed for continuance of the dance and challenged as to who was going to stop them. Laxman Singh PW1 also told them for discontinuance of the dance as the ‘Baraat’ was already getting late. Laxman Singh also told them that they were causing unnecessary delay in the ‘Baraat’. On this, Inder Singh got enraged with Laxman Singh PW1 and slapped on his face. In order to save him, Kundal Singh (deceased) appeared there and asked Inder Singh as to why he was beating his brother. Thereafter, the appellant Hari Singh took out a knife and gave knife blows to Kundal Singh. Consequently, he fell on the ground. When Laxman Singh PW1 came forward to rescue him, the appellant Inder Singh caught hold of Laxman Singh from behind and exhorted the appellant Hari Singh to kill him. On this, the appellant Hari Singh tried to give a knife blow in the stomach of Laxman Singh, but the turned around and the knife struck at his hip. Thereafter, the appellants Hari Singh and Inder Singh fled away from there. Immediately after the occurrence, Mohan Singh PW2, Gopal Singh PW3 and other villagers took the injured persons Kundal Singh and Laxman Singh PW1 to the District Hospital, Pithoragarh for medical treatment. Kundal Singh was seriously injured and his condition was precarious. He succumbed to his injures on the same night at 11:45 pm in the hospital. A written FIR Ex.Ka. 1 was lodged by the injured Laxman Singh PW1 on the same night at 12:15 P.M. On the basis of written report Ex.Ka. 1,
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