Harbeer Singh vs Sheeshpal & Ors

2. The brief facts of the case as unfolded by the prosecution are as follows: On 21.12.1993, at 7.55 P.M., Bhagwara Ram (PW-8), the brother of the deceased Balbir Singh, gave a written report at P.S. Kotwali Sikar, stating that on 21.12.1993 in the evening at about 6.00 P.M., when his younger brother Balbir (deceased) was returning to his house, two men were standing near the Dhaba of Shankar and he started talking to them. In the meantime, Sheeshpal (son of Khuba Ram) came from the side of Sikar driving his Jeep and with an intention to kill, hit Balbir and dragged him upto the Dhaba of Suresh as a result of which Balbir died on the spot. The owner of the Dhaba – Suresh Kumar chased them on his motorcycle. It was further stated that the act was committed by Sheeshpal in furtherance of his old enmity with Balbir in connivance with Bhanwarlal, Dhanvir, Mangal (sons of Khuba Ram) and Bhanwarlal’s brother-in-law Nemichand and Shiv Bhagwan of Village Gothura Tagalan. It is also mentioned in the written report that at the time of the incident, Sheeshpal was driving the jeep and Nemichand, Shiv Bhagwan, Rajendra and Prakash were with him in the Jeep and it is not mentioned that Bhanwarwal was present in the jeep or at the place of occurrence. The names of Dhanvir and Mangal were dropped later on.

3. The Police registered a case under Section 302 of the Indian Penal Code and began investigation. Formal FIR was registered, place of occurrence was inspected, site plan was prepared, post-mortem of the dead body was done, Panchnama of the dead body was prepared and the vehicle used in the crime along with number plate of the vehicle and broken parts was seized. Statements of the witnesses were recorded and during investigation accused persons were taken into custody. After completion of the investigation, accused Bhanwar Lal was declared absconding. Charge sheet was filed against the accused persons before the learned Magistrate and the case was committed to the Sessions Court for trial. On Bhanwar Lal’s presence, his case was also committed as above and both the cases were amalgamated and trial commenced. Charges under Sections 149, 302, 120B of the IPC were framed against all the accused persons except Bhanwar Lal. Accused Bhanwar Lal was charged under Sections 302, 120B of IPC. All the accused persons pleaded ‘not guilty’ and hence they were tried by the Court of Sessions. The Trial Court convicted the accused persons and sentenced them to life imprisonment under Section 302 read with Section 149 of the IPC. They were also sentenced severally under various sections.

6. The Trial Court convicted the accused relying upon the successful establishment of the following facts by the prosecution:

7. However, the High Court gave the benefit of doubt to the Respondents and acquitted them on the ground that the prosecution was not able to prove its case beyond all reasonable doubt since the eye-witnesses were interested in the complainant and hence unreliable, while most other prosecution witnesses were chance witnesses. The evidence of the eye-witnesses both as to the fact of the alleged conspiracy and the murder of the deceased, did not inspire confidence; there were inconsistencies and improvements in the deposition of the prosecution witnesses made over their statements recorded under Section 161 Cr.P.C. Further, there was unexplained delay in recording the evidence of certain prosecution witnesses as well as many important and basic lapses in investigation that made the prosecution case suspicious.

25. In the light of the above and other reasons recorded by the High Court, we hold that the evidence of the eye witnesses is not truthful, reliable and trustworthy and hence cannot form the basis of conviction. Their presence at the scene of occurrence at the time of the incident is highly unnatural as also their ability to individually and correctly identify each of the accused from a considerable distance, especially when it was dark at the alleged place of occurrence, is itself suspect.

26. Besides these, the prosecution has also been unable to convincingly connect the jeep of the accused Sheeshpal with the incident beyond reasonable doubt. Further, owing to other lapses in investigation, as recorded by the High Court, we are convinced that the prosecution has been unable to prove its case beyond all reasonable doubt. The view taken by the High Court in the facts and circumstances of the case appears to be a reasonably plausible one.

27. Thus, in the light of the above discussion, we are of the view that the present appeals are devoid of merits, and we find no ground to interfere with the judgment passed by the High Court. The appeals are, accordingly, dismissed.

….....….……………………J (Pinaki Chandra Ghose) ….....…..…………………..J (Amitava Roy) New Delhi;

October 20, 2016.