GURMIT SINGH & ANR. Vs. STATE OF PUNJAB
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Crl.), 1178 of 2008, Judgment Date: Sep 30, 2015
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.
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.
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 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:
“……. 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.”
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 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.
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.
(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 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 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
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