The State Of Uttarakhand vs Darshan Singh

2. The complaint in this case, which led to the trial, was lodged by one Swarn Singh-PW1. The complaint in brief is as follows:

3. The First Information Report (FIR) came to be lodged under Sections 147, 148, 149 and 302 of the IPC. The Trial Court framed charges under Sections 147, 148, 302 read with 149 of the IPC. Separate charges were also framed under Section 25 of the Arms Act,1959 (hereinafter referred to as ‘the Arms Act’, for short). PWs 1 to 6 were examined from 3 the side of the prosecution. Statements of the accused were taken under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.PC.’, for short).

(vi) The statement of PW1 that the shots were fired from 5-7 steps from near the bullock cart, was also explained, as found by the Trial Court, by holding that PW1 was 3 (2010) 10 SCC 259 8 describing the distance between the place of the bullock cart and the place of the shot fired.

(vii) The FIR was lodged within three hours on 22.08.1992 itself. The incident took place at 05.30 P.M.. The promptness, with which the FIR was lodged, was not given the due importance.

17. PW5 is the Sub-Inspector of Police. During investigation, he deposes that he had taken the statement of PW1. He deposes about the recovery statement by Darshan Singh which leads to the recovery of the pistol. Likewise, on the statement of Pahalwan Singh, the sword was recovered. Case under Section 25 of the Arms Act was registered at 1930 hours against Darshan Singh on 23.08.1992. On 28.08.1992, Resham Singh, Daleep Singh, Jagir Singh and Veer Singh were 20 arrested at 08.05 P.M. in the night. He speaks about the recovery of the 12-bore pistol on the statement of Resham Singh, one spear on the statement of Daleep Singh and one sabre on the statement of Veer Singh. The recovered goods were sealed separately. Case was registered against Resham Singh under Section 25 of the Arms Act, 1959. He prepared the site map which was produced as Ka-18. He states that he had reached the place of incident in the night of 22.08.1992 and due to dark, the Panchnama of the body could not be done on the same day. The investigation was done by PW5 till 28.08.1992. Thereafter, it was handed over to one Davendra Singh. In cross-examination, he would say as follows:

26. PW2, who was coming on cycle, according to the prosecution, behind the tractor and witnessed the incident, also has deposed that Resham Singh fired the shot by the pistol at the back of the deceased. Darshan Singh and Jagir Singh fired from the front. Pahalwan Singh and Daleep Singh attacked with other weapons from the front. When they saw them, then, all the accused were standing behind the bullock cart. Then, he says, Resham Singh had fired the shot from behind after climbing in the tractor which had struck at the back of the deceased. There were total three fires done. Daleep Singh attacked with spear from the front in the stomach. Veer Singh assaulted with sabre from behind on the head.

The fact that another view could also have been taken on the evidence on record would not justify interference with the judgment of acquittal. The judgment of the High Court in the present case has not been shown to suffer from any such weakness as might induce us to interfere. The appeal consequently fails and is dismissed.”

29. The further circumstance is the improbability of the accused fleeing away in the bullock cart after inflicting wounds and firing.

45. If the incident had happened, as projected by the prosecution, and PW1, his mother and PW4 were accompanying the deceased apart from PW2 and other cyclists, would they not immediately rush the body to the nearest hospital? In fact, from the post-mortem report, it would appear that the body reached the hospital only on 23.08.1992 in the afternoon. These aspects create doubts in our minds and strengthens the judgment of the High Court further.

52. As regards the deceased falling down on being shot at and assaulted, PW5 would state that PW1 did not tell him 52 anything (apparently, in the 161 statement about the fact of the deceased falling down).

53. The bullock cart was not taken into possession by the Officer.

55. PW5 has spoken about the recoveries effected from Resham Singh, Daleep Singh and Veer Singh. Recovery of a pistol was effected according to PW5 on the basis of a statement given by Resham Singh; spear on the basis of 53 statement given by Daleep Singh and sabre on the basis of the statement by Veer Singh.

57. In the state of evidence, in this case otherwise, as discussed, particularly bearing in mind the nature of the limited jurisdiction this Court exercises qua the order of acquittal rendered by the High Court, the appellant has not made out a case in interfering with the impugned judgment of the High Court. Resultantly, the appeals fail and are accordingly dismissed.