Darshan Singh vs State Of Punjab & Anr

4. Brief facts which are necessary to dispose of this appeal are recapitulated as under:-

5. According to the further story of the prosecution, Bakhtawar Singh gave a Gandasa blow causing injuries on the chest of Gurcharan Singh. Gurcharan Singh was also having a Gandasa with him and in order to save himself he also caused injury on the head of Bakhtawar Singh. Thereafter, Darshan Singh fired two shots from his licensed gun which hit Gurcharan Singh in the chest and some of the pellets hit Gurdish Singh PW7 on his left upper arm and Gurdev Singh, PW8 on his left thigh. Gurcharan Singh fell down and died at the spot. Gurdish Singh and others retraced their steps in order to save themselves. Both the accused in order to save themselves ran towards their respective houses. Gurdish Singh, PW7 left the dead body of Gurcharan Singh and proceeded to the police station to lodge a report. Gurdev Singh PW8 also accompanied him. They met Om Prakash, ASI at about 9 a.m. at Barnala crossing where Gurdish Singh PW7 gave his statement. It was then read over and explained to him who signed the same admitting the contents thereof to be correct. Om Prakash, ASI made his endorsement (Ex. N/1) 4 and forwarded the statement to the police station, Rajkot and on the basis of which the case was registered against both the accused.

7. Dr. Mukesh Gupta PW4 conducted post-mortem examination on the dead body of Gurcharan Singh on 5 15.7.1991 at 4.30 p.m. On the same day at 5.50 p.m. Dr. Gupta also conducted medico legal examination of Gurdev Singh and found one abrasion on his left thigh. Dr. Gupta found a superficial abrasion on Gurdish Singh on his elbow. Darshan Singh and Bakhtawar Singh were arrested on 28.7.1991. The factum of the incident has not been denied by the accused and they claimed right of private defence.

9. The prosecution examined 11 witnesses. Dr. Mukesh Gupta, PW4 who conducted the post-mortem examination found the following injuries on the dead body of Gurcharan Singh:-

15. According to the versions of the accused Darshan Singh and Bakhtawar Singh, Gurcharan first gave Gandasa blow hitting Bakhtawar Singh on the head and the injury caused on Bakhtawar Singh was an incised wound of 7 cm x 0.5 cm. on the parietal region of the right side of head. The wound was bone deep and 4 cm above the right pinna and clotted blood was present and after receiving these injuries in order to save himself, Darshan Singh fired at Gurcharan Singh and as a result of which he died. According to the accused, the entire act is covered by the right of private defence. According to the prosecution, Bakhtawar Singh gave first injury on the chest of 10 Gurcharan Singh whereas according to the defence the first injury was given by Gurcharan Singh to Bakhtawar Singh. The appellant Darshan Singh fired only after the serious incised wound by a Gandasa was inflicted on his father Bakhtawar Singh and at that time in order to save his life he fired 2 shots which hit the deceased Gurcharan Singh leading to his death.

17. The trial court came to the conclusion that the presence of Gurdev Singh and Gurdish Singh at the time of alleged occurrence is highly doubtful. Dr. Mukesh Gupta also stated that injuries on the person of Gurdev Singh and Gurdish Singh could be caused by friendly hands and can be self suffered. He further stated in the cross examination that duration of the injuries was less than 6 hours. As per the prosecution case, the injuries were allegedly received by them at about 8 a.m. No pellet was recovered from the injuries of these witnesses namely, Gurdev Singh and Gurdish Singh. According to the trial court, the possibility of these injuries on their person having been fabricated at a later stage cannot be ruled out. The trial court also held that there was no mention of the injuries received by Gurdish Singh and Gurdev Singh in 12 the inquest report whereas this fact finds mention in the first information report. According to the prosecution, Gurdish Singh suffered pellet injury on the left upper arm whereas, Gurdev Singh was hit on his left thigh. If it was so, there would have been mention of this fact in the inquest report or the investigating officer must have prepared their injury statement, but neither any such injury statement was prepared at the spot nor their medical-examination was carried out. Om Prakash, ASI, in his cross-examination has admitted that he came to know about the injuries of Gurdish Singh and Gurdev Singh only when they gave their supplementary statements at the bus stand. According to the findings of the trial court, their injury statement was prepared at the spot and they were medically examined by Dr. Mukesh Gupta. Thus, according to the trial court the injuries were fabricated with connivance with the investigating officer just in order to make Gurdish Singh and Gurdev Singh stamp witnesses.

(v) No pellet was recovered from the injuries of the prosecution witnesses namely, Gurdev Singh and Gurdish Singh. The possibility of the injuries on their persons having been fabricated at a later stage cannot be ruled out. The trial court found that, in the instant case, it appeared that the inquest report was prepared first and the FIR was prepared at some later stage because there was no mention about the injuries of Gurdev Singh and Gurdish Singh in the inquest report, whereas this fact is mentioned in the FIR. According to the prosecution case, Gurdish Singh suffered a pellet injury on his left upper arm whereas, Gurdev Singh was hit on his left thigh. This was so mentioned in the FIR. If it was so, this fact would have been mentioned in the inquest report or the Investigating Officer must have prepared their injury statement, but no such injury statement was prepared at the spot nor their medical examination was got done.

46. The facts of this case are akin to the facts of the instant case.

56. In order to find out whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities are all relevant factors to be considered.

59. The High Court in the impugned judgment has reversed the trial court's judgment of acquittal and convicted the accused. Admittedly, Darshan Singh fired from his 12-bore double barrel gun which had a number of pellets. The High Court disbelieved the trial court's version that Gurdish Singh and Gurdev Singh did not receive fire arm injuries because no pellet or pellets were recovered from their bodies. In the impugned order, the High Court without giving any cogent reasons has set aside the well considered judgment of the trial court.

64. In the instant case after marshalling and scrutinizing the entire prosecution evidence, we are clearly of the view that the trial court's view is not only the possible or plausible view but it is based on the correct analysis and evaluation of the entire evidence on record. Rationally speaking, no other view is legally possible.

65. Consequently, this appeal is allowed and the impugned judgment of the High Court is set aside and the judgment of acquittal of the trial court is restored. The role attributed to the appellant is fully covered by his right of private defence. 41 Consequently, the appellant is acquitted. The appellant was released on bail by this Court. He need not surrender. The appeal is accordingly allowed and disposed of.

January 15, 2010