Case: Kewal Krishan S/O Dev Raj Vs. State of Punjab

2. The prosecution version in brief is as followsThe appellants was a Head Constable attached to the Police Station, Ferozepur Cantt. On November 23, 1981 at about 7.30 p.m. while this appellant and hisnamely, Gurcharan Singh, Inder Singh and Gurdev Singh (who were arrayed as accused 2 to 4 and acquitted by the trial court) were on patrol duty, they intercepted a tempo driven by PW 9 and found the tempo being loaded with 8 tubes containing illicit liquor. PW 7 who is said to be the owner of the contraband, was in the tempo. The appellant demanded a sum of Rs. 3000 as illegal gratification stating that in failure of the payment of the amount, PW 7 would be taken to the CIA staff. Ultimately a bargain was struck at Rs. 2500. PW 7 accompanied by the appellant went to his house, got a sum of Rs. 1200 from his wife (PW 10) who in turn got that amount from her neighbour on pledging her jewels and gave that amount to be appellant with the promise that the balance amount of Rs. 1300 would be paid on the following day. Besides this amount, it is stated that the appellant took three tubes of illicit liquor from the tempo and obtained thumb impression of PW 7 on some blank papers and threatened that in case PW 7 failed to comply with his promise of payment of the balance amount, these papers would be used as recovery memos. The appellant paid a sum of Rs. 225 to each of the Constables and retained the major portion of Rs. 525. This led to a quarrel between the appellant and Constable Gurcharan Singh during the course of which Gurcharan Singh was assaulted by the appellant. On November 25, 1981, Gurcharan Singh gave a written complaint to the ASP under Ex. PH. The ASP directed an investigation of his complaint by the Inspector of Police (PW 11). After the investigation, PW 11 filed theagainst this PW 1 to PW 12 and on the side of the defence DW 1 and DW 2 were examined. The case of the appellant and the other accused was one of total denial. The trial court even before assessing the evidence recorded a finding in paragraph 4 of its judgment with regard to the case of A 2 to A 4, the relevant portion of which reads thusthere is no evidence incriminating, particularly Gurdev Singh and Inder Singh accused. Against Gurcharan Singh also only very brief reference appears in the evidence and for obvious reasons, he has also to be let off3. After making the observation with regard to A 2 to A 4 as above, the trial court found A 1 guilty and convicted and sentenced him as stated above. The State has not preferred any appeal against acquittal of A 2 to A 4. The convicted appellant (Kewal Krishan) preferred an appeal before the High Court which dismissed the appeal, in our view, in a very summary manner observing as followsThe evidence of this witness looks very natural and truthful. I am of the considered view that the evidence of this witness has statement of his wife Agya Rani (PW 10) who arranged for the money to be paid to the appellant. The recovery of the tube of illicit liquor from the appellant lends further assurance to the prosecution case. The conviction recorded by the learned Special Judge is well merited4. On a thorough examination of the evidence especially of PWs 7 and 10 on which the High Court has rested this finding, we are compelled to disagree with the observation and finding of the High Court for the reasons to be presently stated

Reasoning:
It is brought out from this witness that he had not told the Investigation Officer that his wife raised an amount of Rs. 1200 by pawning her ornaments. When the witness was asked to explain the omissions found in his statement Ex. DA, he would unhesitatingly reply, "I cannot explain these omissions". From PW 10 it is elicited that she during the investigation stated to the police that her husband with appellant came to her house even at 8 p.m. while the case of the prosecution is that the appellant came to the house of PW 10 only at about 10.30 p.m. or 11 p.m. DW 1 who was then the writer in the police station (MHC) states that the appellant was at the station at 10.05 p.m. If it is so, as rightly pointed out by the learned defence counsel, the appellant could not have accompanied PW 7 at 10.30 or 11 p.m. to his house to get the illegal gratification. Thus a scrutiny of the evidence of PWs 7 and 10 reveals that their version is nothing but a conglomeration of contradictions. In our view their evidence is unworthy of any credence. Further the observation of the High Court that the recovery of the illicit liquor from the room of the appellant lends assurance to the prosecution case is not acceptable because according to PW 4 (the Assistanceof Police) both the appellant and Gurcharan Singh was under the influence of intoxication at the time when he came to the police station