Prem Singh vs State Of Haryana

27 Inspector Gordhan Singh. He arrested Daulat Ram on the 4th January 1994, and Prem Singh accused 10 days later from Tihar Jail where he was already incarcerated in some other criminal case. Prem Singh was also sought to be produced for a test identification parade but he declined to do so. Ballu accused was arrested on the 18th January 1994 and a pistol was recovered on a statement made by 2 him, Vishwa Bandhu accused was arrested on the 23rd January 1994 and an effort was made to put him up for an identification but he too declined the offer. The other two accused Radhey Shyam and Surinder were arrested on the 19th April 1994 and 27th May 1994 respectively. On the completion of the investigation, the accused were charged for offences under Sections 302/149 and 120-B of the Indian Penal Code and Section 27 of the Arms Act and were accordingly brought to trial.

2. The prosecution in support of its case placed primary reliance on the testimony of PW-11 Sohan Lal and PW-12 Bharat Lal who claimed to be the eye witnesses to the murder, PW-13 Pushpa Devi who deposed to the property dispute between her husband and Daulat Ram accused and PW-16-Sohan Lal the first informant, who had received the information of the murder from Vijay Kumar. Vijay Kumar was, however, not examined. The Trial Court observed that on the basis of the evidence of the prosecution witnesses, as led, no evidence whatsoever had been spelt out against Satish and Surinder and they were accordingly acquitted even prior to the recording of the statements of the accused 3 under Section 313 of the Cr.P.C. The Trial Court then, very comprehensively, examined the evidence against the other accused and recorded several reasons which have been spelt out by the High Court in its judgment and we quote therefrom herein below:

(v) The accused were arrested from one or the other lock up and could have been shown to the witnesses.

3. The trial court accordingly acquitted all the accused of the charges leveled against them. An appeal was thereafter 4 filed in the High Court by the State of Haryana against the acquittal of 5 of the accused, that is Daulat Ram, Prem Singh, Ballu, Radhey Shyam and Vishwa Bandhu. The High Court has, vide its judgment under challenge before us, confirmed the acquittal of Daulat Ram, Ballu @ Vijender and Radhey Shyam accused and dismissed the appeal but has set aside the judgment qua Prem Singh and Vishwa Bandhu and they have been convicted and sentenced to life imprisonment for the offence under Section 302/34 etc. The present appeal has been filed by Prem Singh alone.

accused. Further investigation was also done by PW-27 Inspector Gordhan Singh. He arrested Daulat Ram on the 4th January 1994, and Prem Singh accused 10 days later from Tihar Jail where he was already incarcerated in some other criminal case. Prem Singh was also sought to be produced for a test identification parade but he declined to do so. Ballu accused was arrested on the 18th January 1994 and a pistol was recovered on a statement made by him, Vishwa Bandhu accused was arrested on the 23rd January 1994 and an effort was made to put him up for an identification but he too declined the offer. The other two accused Radhey Shyam and Surinder were arrested on the 19th April 1994 and 27th May 1994 respectively. On the completion of the investigation, the accused were charged for offences under Sections 302/149 and 120-B of the Indian Penal Code and Section 27 of the Arms Act and were 1 accordingly brought to trial.

3. The trial court accordingly acquitted all the accused of the charges leveled against them. An appeal was thereafter filed in the High Court by the State of Haryana against the acquittal of 5 of the accused, that is Daulat Ram, Prem Singh, Ballu, Radhey Shyam and Vishwa Bandhu. The High Court has, vide its judgment under challenge before us, confirmed the acquittal of Daulat Ram, Ballu @ Vijender and Radhey Shyam accused and dismissed the appeal but has set aside the judgment qua Prem Singh and Vishwa Bandhu and they have been convicted and sentenced to life imprisonment for the offence under Section 302/34 etc. The present appeal has been filed by Prem Singh alone.

The High Court vide its impugned judgment and order has convicted the appellant Prem Singh under Section 302 read with Section 34 I.P.C. along with the co-accused Vishwa Bandhu essentially relying upon the testimony of the two eye-witnesses PW-11 Sohan Lal and PW-12 Bharat Lal who according to the prosecution had shot the deceased victim-Siri Krishan on 26.11.1993 at 6.30 a.m. while he had gone for a morning walk. The co-accused Vishwa Bandhu has not preferred any appeal against his conviction and it is only the appellant Prem Singh who has filed this appeal and the other co-accused persons who were alleged to be in 3 the Maruti Car on which the accused-appellant had arrived for killing the deceased Siri Krishan have been acquitted, as the appellant and co-accused Vishwa Bandhu have been held as hired shooters who killed the deceased from a point blank range.

(iii) Recoveries and linkage of pistols with the empty cartridges was not free doubt.

We accordingly allow this appeal, set aside the judgment of the High Court and restore that of the trial court and order the appellant's acquittal.

In fact, the prosecution witnesses have not even been cross-

examined by the defence on the point that the eye-witnesses had not migrated to Karnal and were not living near the place of occurrence which could brush aside the eye-witness account.

9. I am, therefore, of the view that the High Court is correct and legally justified in convicting the appellant Prem Singh and Vishwa Bandhu (who has not appealed) under Section 302/34 I.P.C. for shooting the deceased and hence, 3 I uphold his conviction and sentence. Consequently, this appeal is dismissed.