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1 Non-reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1178 of 2008

Gurmit Singh and another      …. Appellants

Versus

State of Punjab          … Respondent

J U D G M E N T

Uday Umesh Lalit, J.

1. This appeal  by special leave arises out of the judgment  and order

dated  08.01.2007  passed  by  the  High  Court  of  Punjab  and  Haryana  in

Criminal Appeal No.503-DB of 1997 affirming the conviction and sentence

of the appellants under Section 302 read with Section 34 of IPC.  

2. Appellant  No.1  Gurmit  Singh  was  married  to  Charanjit  Kaur.

However  because  of  some  differences,  she  was  staying  with  her  father

Kulbir Singh, who was running a shop for sale of marble and chips at village

Loharan in Distt.  Jalandhar.  On 06.02.1996 at about 4.00 pm, Appellant

No.1  accompanied  by  his  brother  Harjinder  Singh,  i.e.  Appellant  No.2

allegedly came on a scooter to the shop of Kulbir Singh and asked him to

permit  Charanjit  Kaur  to  stay  with  Appellant  No.1.  According  to  the

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2 prosecution, Kulbir Singh asked both the appellants to sit with him so that

the matter could be settled.  However Appellant No.1 took out a dagger and

inflicted a blow on the left side of Kulbir Singh, followed by Appellant No.2

inflicting  knife  blows  on  the  right  side  and  the  neck  of  Kulbir  Singh.

Surinder  Kaur  wife  of  Kulbir  Singh  raised  hue  and  cry  but  both  the

appellants  fled  away  towards  Nakodar.   The  incident  was  witnessed  by

Surinder  Kaur  and  her  other  daughter  Gurpreet  Kaur.  With  the  help  of

Gurdial Singh and Devinder Singh, Surinder Kaur managed to shift Kulbir

Singh to Satnam Singh Memorial Charitable Hospital at Malko Tarar, where

he was given first aid and then referred to Military Hospital, Jalandhar.

3. S.I.  Joginder  Singh,  went  to  Satnam  Singh  Memorial  Charitable

Hospital upon coming to know about Kulbir Singh having sustained injuries

but  by  that  time  he  was  referred  to  Military  Hospital,  Jalandhar.   He

therefore  reached  Military  Hospital  and  found  Surinder  Kaur  weeping.

Kulbir  Singh succumbed to his  injuries  at  9.22 pm and the statement  of

Surinder  Kaur  was  recorded  at  10.50  pm,  pursuant  to  which  vide  DDR

No.25/26 at  11.40 pm crime was registered with Police Station,  Lambra,

Distt.  Jalandhar  against  the  appellants  under  Sections  302/34  IPC.   As

regards actual incident, her reporting was as  under:

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3 “……. My husband asked Gurmit Singh to sit there and to have a talk (to settle the matter) but my son-in-law at once whipped out a dagger from the dub (fold)  of  his pant worn by him and gave blow with the same on the left flank of my husband.  His brother Harjinder Singh gave a blow with the knife held by him to my husband which hit him on his right flank, Harjinder Singh gave the third blow with the knife held by him to my husband which hit on the left side of his neck.  I raised an alarm of “Mar Ditta, Marditta.”  (Killed, Killed) in order to save my husband.   In  the  meantime,  my  younger  daughter Gurpreet Kaur also came to the shop.  Both Gurmit Singh and Harjinder Singh left the spot on their scooter towards Nakodar  taking  their  sharp-edged  weapons  along  with them.   The  whole  incident  was  also  witnessed  by  my daughter Gurpreet Kuar.”

4. After sending ruqa to the police station, Sub-Inspector Joginder Pal

prepared  the  inquest  report  on  the  dead  body  of  the  deceased.   On

07.02.1996, he prepared rough site plan and also lifted earth smeared with

blood  from the  spot.   The  post  mortem  examination  was  conducted  on

07.02.1996  at  12.40  pm  by  Dr.  Pushpinder  Kaur  who  found  following

injuries on the body of Kulbir Singh:

“1. A stab wound 2 cms x ½ cm, 9 cms above and lateral to the inner border of the left clavicle.  The probe went upto 7 cm.

2  A stab  wound  2.5  cm  x  1  cm;  23  cms  lateral  to  the umbilicus on the right side.  Blood was oozing out.

3. A stab wound 2.5 cms x 1 cm on the left side 20 cms below and lateral to the left nipple and 29 cms from mid-line. Blood was oozing out the wound.”

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4 The chest cavity was found full of blood.  Left lung and pleura were

injured.  The abdominal cavity was full of blood.  The peritornium and right

side of liver were injured.   The cause of death was shock and hemorrhage

due to injuries which were sufficient to cause death in the ordinary course of

nature.  All the injuries were ante-mortem in nature.    

5. Sub-Inspector Joginder Pal arrested both the accused on 08.02.1996

and  got  recovered  blood-stained  dagger  and  knife  on  10.02.1996,  in

pursuance of their statements Exhibit PQ and PR  under Section 27 of the

Evidence Act and took the same into possession vide memo Exhibit PQ/2

and Exhibit PR/2.   After obtaining necessary sanction for prosecution of

accused  Harjinder  Singh,  a  Constable  in  the  Punjab  Police  and  after

completion of the investigation, a charge sheet was submitted against them.

6. During  the  trial,  the  prosecution  examined  nine  witnesses.   Dr.

Pushpinder  Kaur  was  examined  as  PW1,  while  eye-witness  account  was

unfolded through Surinder Kaur and Gurpreet Kaur, examined as PW Nos. 2

and 3 respectively.  Constable Sukhdev Singh (PW4) and Avtar Singh (PW8)

were formal witnesses who deposed by way of affidavits Ext.  PG and PT

respectively.  Capt. Miss Minu Sabharwal (PW5) proved the death report of

deceased Kulbir  Singh.  Sub-Inspector  Joginder  Pal  (PW6) and Assistant

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5 Sub-Inspector  Hans  Raj  (PW7)  were  the  investigating  officers.   Milkha

Singh  Pardesi  (PW9)  identified  the  signature  of  M.S.  Chahal,  the  then

Principal Secretary, Home Affairs and Justice, Punjab on the sanction letter.

After tendering in evidence the affidavits of head constables Gian Singh Ext.

PH, constable Nasib Chand Ext. PJ and the report of the Forensic Science

Laboratory Ext. PX, the prosecution closed its case.

7. The defence of both the appellants was of false implication.  Appellant

Gurmit Singh in his statement under Section 313 of the Code of Criminal

Procedure stated that the family of the complainant wanted him to stay as

Ghar Jamaai which he  had refused and the same led to  a  grudge being

nursed against him.  Appellant Harjinder Singh submitted that he was posted

as a gunman with one Varinder Sharma, Councillor and that he was on duty

at the relevant time.  In support of their defence, the appellants examined

Varinder  Sharma,  Councillor,  Municipal  Corporation,  Jalandhar  (DW1),

Constable Atma Singh (DW2), MHC Kailash Chander (DW3), Dr. Gur Iqbal

Singh (DW4) and Additional MHC Sukhdev Singh (DW5).  By examining

DW4 it was sought to be established that the left arm of Appellant No.1 was

in plaster while his right palm was having stitches; the injuries being at least

ten days old on the date of the incident.

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6 8. After  considering  the  material  on  record,  the  trial  court  by  its

judgment  and order dated 28.05.1997 found that the case of the prosecution

was fully established.  Relying on the eye-witness account, as supported and

corroborated by the medical evidence on record, as well as the recoveries of

the weapons in question, the trial court found the appellants guilty under

Section  302  read  with  Section  34  IPC  and  sentenced  them  to  undergo

rigorous imprisonment for life and to pay fine of Rs.1000/- each, in default

whereof to undergo further rigorous imprisonment for three months.  Both

the  appellants  carried  the  matter  further  by  filing  Criminal  Appeal

No.503-DB of 1997 in the High Court.   The High Court did not find any

merit and dismissed the appeal.  The High Court also dismissed the Criminal

Revision  No.862  of  1997  which  was  preferred  by  Surinder  Kaur  for

enhancement of sentence.

9. In  this  appeal  by  special  leave  challenging  the  correctness  of  the

decision  of  the  High  Court,  Mr.  K.T.S.  Tulsi,  learned  Senior  Advocate

appearing for the appellants submitted inter alia:

(i) The incident in question allegedly happened around 4.00 pm but

the FIR was registered at 11.40 pm and reached the Magistrate next

day  in  the  morning  at  6.00  am.   The  delay  on  both  counts  was

completely unexplained.  

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7 (ii)  The Hospital record of Military Hospital, Jalandhar disclosed that

Kulbir Singh was not admitted by Surinder Kaur.  This established the

absence of Surinder Kaur at the time the incident had happened.   

(iii)  The presence of both the eye-witnesses was extremely doubtful.

(iv)  Apart from these two eye-witnesses, nobody else was examined

though  Gurdial  Singh  and  Devinder  Singh  had  allegedly  removed

Kulbir Singh to the hospital.

(v)  The left arm of Appellant No.1 was in plaster while the other palm

was having stitches as found by the jail doctor, soon after their arrest.

Both these injuries being at least 8 to 10 days old, it was impossible

that Appellant No.1 could have dealt the blow as alleged.

(vi)   The other  appellant  was  on duty  as  stated  by DW1 Varinder

Sharma.

10. Mr. Jayant K. Sud, learned Additional Advocate General appearing for

the State submitted that the reporting by Surinder Kaur was quite prompt. In

his submission, the physical condition of Kulbir Singh required immediate

medical attention and as such Surinder Kaur could not be expected to leave

her husband and go to police station to lodge a report.  He further submitted

that the eye-witness account was completely corroborated by the medical

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8 evidence  on  record  as  well  as  recoveries  of  the  weapons  pursuant  to

disclosure statements made by both the accused.

11. We  have  gone  through  the  record  and  considered  the  rival

submissions.   The  distance  between  the  place  where  Kulbir  Singh  was

assaulted  and  the  first  hospital  where  he  was  taken,  was  about  11 KM.

There he was given medical attention and then referred to Military Hospital,

Jalandhar.   Considering these facts, the lodging of the FIR in the present

case cannot be called to have been delayed unnecessarily.  In our view, the

reporting was without any delay or deliberation and sets out true account of

the  incident.   The  assertions  in  the  reporting  are  well  supported  and

corroborated by the post-mortem conducted the next day.  The injuries so

found in the post-mortem are possible by the weapons recovered pursuant to

the disclosure statements of the accused.  The eyewitness account on record

through the depositions of PW 2 Surinder Kaur and PW 3 Gurpreet Kaur is

cogent,  consistent  and trustworthy. Though DW1 Varinder  Sharma stated

that Appellant No.2 was attached to him as a gunman, nothing was placed on

record  whether  at  the  relevant  time  Appellant  No.2  was  on  duty.

Furthermore  neither  the  doctor  who had put  the  stitches  on the  palm of

Appellant No.1 was examined, nor was there any other medical evidence on

record suggesting that it was impossible for Appellant No.2 to even hold the

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9 dagger as alleged.  In any case out of three blows suffered by the deceased

Kulbir Singh only one was attributed to Appellant No.1 while the other two

were dealt by Appellant No.2.  The non-examination of Gurdial Singh and

Devinder Singh also does not fatally affect the case of the prosecution, as

they were not eye-witnesses but had merely helped Surinder Kaur in taking

her husband to the hospitals.

12. We do not find any infirmity in the view taken by the High Court.

We, therefore, affirm the judgment of conviction and sentence as recorded

against the appellants and dismiss the present appeal.  The appellants shall

serve out the sentence as awarded to them.

……..…..…………………………….J.  (Fakkir Mohamed Ibrahim Kalifulla)

……..…..…………………………….J.   (Uday Umesh Lalit)

New Delhi,  September 30, 2015