Case: State of Punjab Vs. Balraj Singh Alias Chhajju

2. The facts of the case have been succinctly stated in the judgment of the High Court as also that of the learned Sessions Judge. It appears that two accused Balraj Singh alias Chhajju Ram Balkar Singh alias Khola were prosecuted before the Sessions Judge who acquitted Balkar Singh alias Khola but convicted the respondent Balraj Singh alias Chhajju under Section 302 and sentenced him to death and also convicted him under Section 307, IPC and Section 25 of the Arms Act. The respondent filed an appeal to the High Court and a reference was made by the Sessions Judge for confirmation of his death sentence. The High Court after careful consideration of the evidence held that the case against the appellant was not proved beyond reasonable doubt and accordingly acquitted the appellant of all the charges framed against him. Hence this appeal before us.3. It is alleged that on April 14, 1973 deceased Swaran Singh accompanied by his brother Surat, PW 3 and son Harjit Singh, PW 4 was passing through the wheat field in Village Patti when he was accosted by the accused, who challenged Swaran Singh deceased to get ready for being taught a lesson for his acting as an informer against him by supplying information to the police regarding the theft of a tractor belonging to Kritpal Singh. The witnesses PW 3 and PW 4 were following the deceased. The respondent is said to have fired a shot at the deceased which injured him in his chest and abdomen and resulted in his death. PW 3 and PW 4 on seeing the incident turned their back and ran away raising an alarm. The respondent then fired his pistol at them and injured both of them. A FIR was lodged at about 11.55 p.m. and, after usual investigation,was submitted against the respondent and he was committed for trial before the Sessions Judge who ultimately convicted and sentenced him as indicated above.

Reasoning: 5. The High Court thought it rather unsafe to base the conviction of the respondent on the uncorroborated testimony of PW 3, Surat Singh. The High Court has also given reasons for not relying on the testimony of PW 3. We may not approve of some of the reasons given by the High Court, and perhaps if we were sitting in appeal we may have taken a different view of the matter, but that is no ground for reversing an order of acquittal. The High thought that it difficult to believe that the respondent would have raised any "lalkara" so as to facilitate his identification. This finding is based purely on speculation and we find no inherent improbability in this circumstance. We have come across many cases where we found that in Punjab a "lalkara" preceded an assault. Secondly the High Court held that the pellet injuries on PW 3 and 4 appear to be fabricated. Having regard, however, to the nature of the pellet injuries received by PWs 3 and 4 it is not possible for us to hold that the injuries could be fabricated. When a suggestion was made to the doctor that the injuries could have been caused by a "sua" it was emphatically denied by Dr. Khera, PW 1 on the ground that such fabricated injuries would have been of a larger dimension. In these circumstances we are of the opinion that there was no justification for the High Court to have drawn an inference that the injuries on the person of PW 3 and 4 were fabricated.