IMPORTANT POINTS
FIR – delay when not fatal.
Injured and related witnesses.
Minor contradictions in evidence.

Headnote:(a) Code of Criminal Procedure, 1973 – Section 154 – In the facts of case the time taken in lodging the FIR being fully justified, there is no delay – No infirmity on this account. (Para 10)
        AIR 1997 SC 3247; AIR 2000 SC 754; (2008) 12 SCC 531; AIR 2010 SC 3624 – Relied upon
        (b) Code of Criminal Procedure, 1973 – Section 157 – Every delay in sending the report to the Magistrate is not fatal unless prejudice to the accused is shown. (Para 15)
        AIR 1998 SC 49; AIR 2001 SC 3031; AIR 1972 SC 2679; AIR 1996 SC 3041; (2003) 3 SCC 355; (2007) 13 SCC 501; AIR 2001 SC 990; (2006) 12 SCC 626; AIR 1976 SC 2304; AIR 1985 SC 131; (2003) 7 SCC 258; (2003) 11 SCC 271; AIR 2006 SC 1410; (2008) 15 SCC 315; AIR 2008 SC 320; (2010) 1 SCC 108 – Relied upon
        (c) Criminal Trial – Injured witness – An injured witness comes with a built-in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone – Ocular testimony of a witness has greater evidentiary value vis-à-vis medical evidence and minor contradictions do not matter. (Paras 21 and 23)
        (2010) 10 SCC 259; (2011) 1 SCC 793; (2011) 2 SCC 676; (2011) 4 SCC 324; (2009) 13 SCC 542 – Relied upon
        (d) Criminal Trial – Defence of non-examination of independent witness – Defence did not cross-examine the investigating officer on this point during trial – Plea not maintainable before Supreme Court. (Para 25)
        (e) Criminal Trial – Related witness – Evidence of related witness can be relied upon after careful scrutiny and appreciation if it is trustworthy. (Para 26)
        AIR 2010 SC 1639; (2011) 2 SCC 36 – Relied upon
        (f) Code of Criminal Procedure, 1973 – Section 378 – High Court reversing the order of acquittal finding it perverse – No infirmity. (Para 29)
        AIR 1961 SC 715; (2007) 5 SCC 634; AIR 2011 SC 280; (2011) 3 SCC 317; (2011) 4 SCC 779 – Relied upon
        (g) Criminal Trial – Conviction – Minor contradictions in evidence of different witnesses or ocular and medical evidence are not material so as to warrant setting aside the order of conviction. (Paras 30 and 31)
        (2010) 8 SCC 191; AIR 2011 SC 280 – Relied upon
       Facts of the case:
        1. The trial court had convicted some of the accused and acquitted some of them.
        2. The High Court maintained the conviction of the convicted accused and at the same time reversed the acquittal of the other accused.
        3. These appeals challenge the common order of the High Court whereby all the accused were convicted.
       Finding of the Court:
        There is no infirmity in the impugned judgment.
       Result : Appeals dismissed.

JUDGMENT

Dr. B.S. Chauhan, J. —

1. All the aforesaid three appeals have been filed against the common judgment and order dated 15.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos. 17-DB of 2005; and 360-DBA of 2005. The High Court partly affirmed the judgment and order dated 25/26.11.2004 of the Sessions Court in Sessions Trial No. 97 of 2003 convicting three appellants, namely, Joga Singh, Mukhtiar Singh and Nishabar Singh under Sections 302 and 307 read with Section 149 of the Indian Penal Code, 1860, (hereinafter called ‘IPC’), and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. Further, the High Court convicted accused/appellants, namely, Bhajan Singh, Puran Singh and Gurdeep Singh who had been acquitted of all the charges by the trial court and awarded the sentences similar to the other accused.

2. Facts and circumstances giving rise to these appeals are as under:

A. Prosecution version as mentioned in the complaint of Trilok Singh (PW.9) is that, at 5.00 PM on 6.11.2002, he was present in his house alongwith his sons, namely, Gian Singh (deceased), Nishan Singh (deceased), his wife Swaran Kaur, daughter Harbhajan Kaur, grandson Harbhajan Singh and maternal grandson Ajaib Singh (injured) (PW.10). Bhajan Singh armed with Neja (Spear), Gurdeep Singh armed with Mogra (Pestle), Puran Singh armed with Gandasa, Joga Singh armed with sword, Nishabar Singh armed with Gandasa and Mukhtiar Singh armed with sword, accompanied by two ladies, namely, Chinder Kaur and Manjit Kaur, entered his house and raised Lalkara that they would teach them a lesson for tethering their cattle in the street. All the accused attacked Gian Singh (deceased) and Nishan Singh (deceased). Gurdeep Singh opened the attack by giving Mogra blow on the head of Gian Singh and Mukhtiar Singh inflicted a sword blow on the waist of Gian Singh, as a result of which he fell down. Joga Singh inflicted a sword blow on Nishan Singh’s chest, Bhajan Singh inflicted Neja blow on his waist, Puran Singh inflicted Gandasa blow on his right elbow, Nishabar Singh inflicted Gandasa blow on his waist and, as a result, Nishan Singh fell down on the ground. Joga Singh inflicted a sword blow on the stomach of Ajaib Singh (PW.10), Mukhtiar Singh inflicted sword blow on the neck of Ajaib Singh, and as a result, he fell down. All the assailants then fled away from the spot with their respective weapons. Gian Singh and Nishan Singh died on the spot due to injuries. Ajaib Singh (PW.10), injured, was taken to the hospital.

B. On the basis of the complaint, an FIR was lodged and registered (Ex.PB-1). SI Prakash Chand (PW.18) accompanied by Surinder Kumar, Photographer and other police officials reached the place of occurrence at about 8.15 P.M. Photographs of the dead bodies etc., were taken, inquest reports were prepared on the dead bodies of Gian Singh and Nishan Singh and blood stained earth was picked up from the place of occurrence. It was sealed in separate parcels. Dead bodies were sent for post-mortem examination and site plan etc. were prepared. Post-mortem was conducted on 7.11.2002 by Dr. Rajesh Gandhi (PW.11), who opined that the cause of death of both the persons was shock and haemorrhage as a result of injuries. Ajaib Singh (PW.10), injured, was also examined on 6.11.2002 with diagnosis of multiple stab injuries in chest and abdomen. He was operated upon on 7.11.2002 and was discharged from the hospital on 20.11.2002.

C. Bhajan Singh @ Harbhajan Singh was arrested on 10.11.2002, and on his disclosure statement, Neja (Spear) was recovered from his residential house. On the disclosure statement of Puran Singh - appellant, the Gandasa was recovered from underneath his box at his residential house, and on the same day, on the disclosure statement of Joga Singh - appellant, that he had kept concealed sword underneath his bed in his residential house, the sword was recovered. On 11.11.2002, Gurdeep

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2011 Supreme(SC) 586

IMPORTANT POINTS FIR – delay when not fatal. Injured and related witnesses. Minor contradictions in evidence.

Cases Referred (32)

IMPORTANT POINTS
FIR – delay when not fatal.
Injured and related witnesses.
Minor contradictions in evidence.