Jarnail Singh vs State Of Punjab

2. The present appeal is filed by the appellant being aggrieved by the judgment and order of the learned Single Judge of the Punjab & Haryana High Court affirming the judgment and order of the learned Additional Sessions Judge, Patiala finding the appellant- accused guilty of the offence alleged against him. The learned Additional Sessions Judge, found the appellant-accused guilty and convicted him under Section 304 Part II of the Indian Penal Code, 1860 (for short `IPC') and sentenced him to undergo rigorous imprisonment for eight years. However, in the appeal filed by the appellant as against the order of conviction and sentence the learned Single Judge while maintaining the 2 finding of guilt of the appellant converted the conviction of the appellant from Section 304 Part II IPC to offence under Section 304 Part I IPC and sentenced him to undergo rigorous imprisonment for five years.

3. In order to appreciate the contention raised by the appellant-accused that the courts below have failed to properly analyse and scrutinise the evidence of the solitary witness and that the presence of the said solitary witness at the place of occurrence was not natural and also that his testimony was not free from embellishment, we are required to mention brief facts as alleged by the prosecution.

4. Ramtar (hereinafter referred to as `deceased') was the younger brother of the Harjinder Kumar, the complainant, both sons of Jiwa Nath. The deceased was employed as a driver of a Maruti Van bearing Registration No. PB-01-0353 belonging to Gurdev Singh, resident of village Sular.

On 15.11.1993, Harjinder Kumar was proceeding from village Phagan Majra to meet Mohinder Singh son of Kartar Singh and at about 6.30 p.m., he reached the bus stop of village Phagan Majra, where he met Manjit Singh, Sarpanch and Chanan Singh, Member Panchayat of village Kasiana. They all then started to village Phagan Majra. When they reached the point from where a kacha path takes off to village Kasiana, they found the abovementioned Maruti Van with its headlight on, lying parked with its 3 windows open at a distance of about 1 = Killa from the metalled road. On suspicion, they went towards the van and on reaching there, they found deceased seated on the right rear seat and accused Jarnail Singh seated on the left rear seat of the van.

Accused was putting pressure on deceased to take the van by kacha path way to village Kasiana but the decease was disinclined. An exchange of hot words ensued. Accused dealt two stab blows with knife, one on the chest and other on right flank of deceased. The deceased became unconscious and rolled down on the ground through the right window of the van. On sensing that deceased has succumbed to the injuries, accused plunged the knife into his chest, in order to commit suicide. The knife fell down from his grip in the van.

After having arranged a tractor the deceased and accused were brought to Rajindra Hospital, Patiala. On reaching the hospital, Harjinder Kumar and others were told by doctor that deceased had already expired. Harjinder Kumar and Manjit Singh left for the Police Station, Sadar Patiala. When they reached near the general bus stand, Patiala they came across ASI Karnail Singh alongwith other police officials at about 10.30 p.m. Harjinder Kumar made statement Ex. PD before the ASI who made his endorsement Ex.PD/1 and sent the same to the Police Station where on its basis formal FIR Ex. PD/2 was recorded. ASI Karnail Singh alongwith Harjinder Kumar, Manjit Singh and other police officials went to Rajindra Hospital, Patiala. At that time the dead house was lying locked. Early in the 4 morning at about 6.30 a.m. Raj Kumar the attendant came to the dead house and opened the same. The dead body of deceased was identified by Harjinder Kumar and Manjit Singh. The ASI prepared the Inquest Report Ex. PA/1 and handed over the dead body alongwith request Ex. PA/2 to Constable Gurdeep Singh for postmortem examination.

5. The accused was charged u/s 302 IPC as well as u/s 309 IPC. However, the charge u/s 309 IPC was deleted subsequently. In order to substantiate its case, the prosecution examined 12 witnesses in all. Harjinder Singh who was the eye witness and complainant was examined as PW7. Manjit Singh, Sarpanch, the alleged eye witness was also examined as PW6 but he did not support the prosecution version, not even the presence of PW7 at the time of occurrence. Consequently he was declared hostile. Chanan Singh another alleged eye witness was given up on the ground that he has been won over by the accused.

9. On an appeal being filed by the appellant as against the aforesaid order of conviction and sentence the learned Single Judge heard the parties on merits. While maintaining the finding of guilt against the appellant the learned Single Judge, however, convicted the appellant under Section 304 Part I IPC by altering the same from one under Section 304 Part II IPC. However, taking into consideration the fact that the accused has become permanently physically handicapped and his disability is 80% the learned Single Judge reduced the sentence to five years instead of eight years.

13.The learned Additional Sessions Judge found the appellant guilty of the offence and convicted the appellant-accused under Section 304 Part II IPC. The prosecution did not file any appeal as against the aforesaid order of conviction and sentence whereas the appellant-accused filed an appeal against his order of conviction.

16.According to the prosecution the incident took place on 15.11.1993 at about 6.30 p.m. which was an incident happening on an evening of the winter season. The deceased who was the brother of PW-7 was allegedly driving the van which was parked at the place of incident with windows open and headlights on, which meant that it was dark at that point of time. Although it was a winter night still the windows of the car were kept open, for which according to the prosecution, PW-7 could see the entire incident. In the first information report PW-7 stated that initially a knife blow was given by the deceased to the accused and thereafter the accused gave two knife blows to the deceased, which resulted in his death and consequently his body came out of the window. The aforesaid version as stated in the first information report, was however, later on changed and altered when PW-7 deposed in the court that the accused after giving two knife blows to the deceased attempted to commit suicide by plunging the knife in his chest. In support of the said contention reliance was placed on the evidence of the doctor who has stated during his examination that the aforesaid injury on the accused could have been self inflicted also. PW-7 is said to be the eye witness who has allegedly seen the entire occurrence including the exchange of hot words between the appellant and the deceased in a winter night and that also when it was totally dark. 11 According to him, he could see the entire incident in the light of the headlight of the car.

20.The entire story sought to be put forth by the prosecution and by PW-7 particularly appears to be doubtful and full of contradictions. It will be unsafe to convict a person on the basis of such unreliable and untrustworthy evidence particularly when such statements are full of embellishment and contradictions, without corroboration in material particulars by reliable testimony, direct or circumstantial. Consequently, we set aside the order of conviction and sentence passed against the appellant and give him benefit of doubt. He stands acquitted of the charges. He shall be set free immediately, unless required in any other matter.

21.The appeal is accordingly allowed.

January 15, 2009