Suresh Singhal vs State(Delhi Administration)

2. The appellant was prosecuted for the incident that occurred on the 04.03.1991 at about 5.15 pm. The deceased-Shyam Sunder and Kishan Lal, both brothers, were killed in the incident at the office of Lala Harkishan Dass located at Rajendra Park, Nangloi. The statement of Lala Harkishan Dass was recorded. He had arranged a meeting for settling a dispute that had arisen between the appellant and the deceased. The appellant had apparently agreed to sell a property through a property dealer, namely the deceased-Shyam Sunder. The purchasers were the Gurdaspur Party. Apparently there was some misunderstanding between the parties and eventually a meeting was arranged at the office of Lala Harkishan Dass.

3. The deceased-Shyam Sunder and his two brothers Hans Raj and Kishan Lal were already at the office of Lala Harkishan Dass. The appellant-Suresh Singhal and his father Pritpal Singhal accompanied by another man (Roshan Lal) reached the office at about 5.00 pm. As soon as they entered the office, there was an altercation between the appellant and the deceased. The appellant took out his revolver and shot Shyam Sunder. Thereafter, the appellant and his father Pritpal Singhal who had come to the office in a car, left the car behind and fled the place in the car of another visitor.

5. The actual shooting was claimed to have been witnessed by Lala Harkishan Dass (PW-2), Hans Raj (PW-3) and Raj Kumar (PW-4). Lala Harkishan Dass (PW-2) was declared hostile. Hans Raj (PW-3) is the injured eye-witness, and the brother of the deceased-Shyam Sunder.

9. Another witness Tarsem Kumar (P.W. 30) stated in his deposition that “at that time, Shyam Sunder was sitting by my side on a sofa and he said that he has been shot at with a bullet. I did not hear anything except this.

11. The other version deposed by Subhash Chand Mahajan (PW-23) and Sarover Kumar (PW-27) is that there was a scuffle between the three brothers i.e. deceased-Shyam Sunder, Kishan Lal and Hans Raj on one hand, and the appellant-Suresh Singhal on the other hand. The deceased tried to strangulate the appellant as they fell during the struggle, and thereafter pulled out his gun and shot the deceased. He then exhorted his father to shoot the others.

12. Subhash Chand Mahajan (PW-23) stated in his cross examination that he saw the appellant on the floor being strangulated. The witness stated that there was a scuffle and thereafter a shot fired.

27. The homicide in the present case thus does not amount to murder in the view of Exception 2 to Section 300 of IPC[2]. We agree with the observations of the Sessions Court and the High Court that the homicide was not the result of premeditation but rather, as the evidence suggests, the shooting took place in a sudden fight in the heat of passion. It is not possible to accept the argument of the prosecution that the appellant took undue advantage of the situation and used the gun even though the deceased- Shyam Sunder and his brothers were unarmed. Given the murderous assault on the appellant and the possibility of being attacked again, may be with arms or may be with the help of the other persons, it is not possible to attribute undue advantage to have been taken by the appellant. In such a situation it would be unrealistic to expect the appellant to calmly assess who would have the upper hand before exercising his right of private defence.

KISHAN LAL’S DEATH

36. In these circumstances all that can be said is that a shot from the appellant may have hit Kishan Lal or may not have hit Kishan Lal. This benefit of doubt in law must go to the appellant.

37. For the reasons stated above specifically that Hans Raj (PW-3) did not specify that the appellant shot him. There is a serious doubt whether it can be held as having been proved beyond reasonable doubt that the appellant attempted to murder Hans Raj for which he has been convicted.

38. It is not possible for us to approve the observation of the High Court that because Suresh Singhal and Pritpal Singhal were armed “it is only the appellant and/or his father late Pritpal Singhal who could be responsible for the firing resulting in the murder of late Kishan Lal and the deceased-Shyam Sunder.

40. Hence, we allow this appeal partly and modify the impugned judgment and order passed by the High Court to the extent that the conviction of the appellant – Suresh Singhal under section 302 IPC for murder of Kishan Lal is set aside and his conviction under section 304 IPC is maintained. Since the appellant has already undergone a sentence of 13 ½ years as on date, we sentence him under section 304 IPC to the period already undergone. The appellant is in jail. He be released forthwith from the custody, if not required in any other case.