Darshan Singh vs State Of Punjab

3. Prosecution story, in brief, is that there was dispute between complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier there had been incidents of assaulting each other. In the circumstances, both the parties were facing proceedings under Section 107/151 of Code of Criminal Procedure, 1973 (for short “Cr.PC”) before Executive Magistrate, Faridkot. On 17.02.1995, complainant Amrik Singh (PW-

Accused Darshan Singh (appellant) also took out his Kripan and inflicted injuries on the person of Santa Singh (another deceased). Accused Darshan Singh (appellant) is said to have given blows also to Raj Singh. Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also. Accused Boota Singh instigated other accused that no one should be escaped alive. The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries.

4. Report of the above incident was lodged by complainant Amrik Singh (PW-2). On the basis of it, FIR No. 14, dated 17.02.1995 was registered at Police Station, City Faridkot. The investigation was taken up by Sub- inspector Ranjit Singh (PW-17), who took the dead bodies in his possession, sealed it, prepared inquest report and got sent them for post-mortem examination. Dr. Sarabjit Singh Sandhu (PW-4) conducted post-mortem examination on the dead bodies of Santa Singh and Harbans Singh on 17.02.1995, and prepared autopsy reports. The other injured were also medically examined by PW-4 Dr. Sarabjit Singh Sandhu and PW-5 Dr. Manjit Singh. There were injuries also on the side of the accused, and from their side accused Pal Singh, accused Surain Singh and accused Jhanda Singh suffered injuries. After interrogating witnesses and on completion of investigation PW-16 Assistant Sub-inspector Ram Singh (who took over investigation from S.I Ranjit Singh) submitted charge-sheet against accused persons in the court.

5. It appears that after the committal of the case it was registered as Session Case No. 33 of 1995. On 7.7.1995, Additional Sessions Judge, Faridkot framed charge against all the accused, namely, Surain Singh, Darshan Singh (present appellant), Pal Singh, Jhanda Singh , Jasmail Singh, Boota Singh and Lachman Dass relating to offences punishable under Section 148, 302/149 (on separate counts of death of two persons), 307/149, 324/149, 218 and 201 IPC to which accused pleaded not guilty and claimed to be tried.

6. Thereafter prosecution got examined PW-1 Amrik Singh (informant), PW- 2 Sukhchain Singh, PW-3 Raj Singh (all the three injured eye witnesses), PW- 4 Dr. Sarabjit Singh Sandhu who conducted post-mortem examination, PW-5 Dr. Manjit Singh, PW-6 Gurcharanjit Kaur, Ahalmad, PW-7 Ujjagar Singh, Steno to A.D.C. Moga, PW-8 ASI Basant Singh, PW-9 Head Constable Shagan Singh, PW- 10 Inspector Prithvi Singh, PW-11 Prithi Pal Singh, S.S.Teacher, PW-12 Dharam Singh, Draftsman, PW-13 MHC Baljit Singh, PW-14 Dr. S.P. Singla, PW- 15 Sub Inspector Shivraj Bhushan, PW-16 Sub Inspector Ram Singh, PW-17 Inspector Ranjit Singh, PW-18 Constable Jagjit Singh and PW-19 Satish Kalia, Ahalmad.

8. The trial court after hearing the parties found that charge as against accused Boota Singh, Darshan Singh and Lachman Dass is not proved and, as such, they were acquitted. However, accused Surain Singh was convicted under Section 302 of IPC for committing murder of Harbans Singh and also under Section 307 of IPC for attempting to murder Sukhchain Singh. He (Surain Singh) was further convicted under Section 324 of IPC. Rest of the accused Jhanda Singh, Jasmail Singh and Pal Singh were convicted under Sections 302/34, 307/34 and 324/34 of IPC. After hearing the sentence, the trial court sentenced the convicts to various sentences.

9. Convicts Surain Singh, Jhanda Singh, Jasmail Singh and Pal Singh challenged their conviction before the High Court, and by the impugned order the High Court allowed appeal of Jhanda Singh, Jasmail Singh and Pal Singh, but appeal of Surain Singh was dismissed. The connected appeal No. 568 DBA of 1998 filed by the State qua Darshan Singh against order of his acquittal was allowed, and he was convicted under Section 302 of IPC for committing murder of Santa Singh and sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/- with default clause. He was further convicted under Section 324 of IPC for voluntarily causing hurt with a deadly weapon on person of Gursewak Singh and Raj Singh and sentenced to rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/- with default clause. Aggrieved by said judgment and order dated 02.09.2008, passed by the High Court, this appeal is filed by accused Darshan Singh who was acquitted by the trial court, but order of acquittal was reversed and was convicted by the High Court.

15. Third eye witness PW-3 Raj Singh suffered following injuries on the date of incident, as proved on the record:-

16. Now, we come to the defence plea of appellant Darshan Singh which was accepted by the trial court but rejected by the High Court. There is no cavil over the fact that appellant Darshan Singh was posted as Lab Assistant with the Senior Secondary School, Janerian. After carefully going through the statements of defence witnesses and other evidence on record, we agree with the High Court that accused Darshan Singh has taken false plea of alibi. It is proved on the record that in the proceedings under Section 107/151 of Cr.PC before Executive Magistrate, Faridkot, he was to be present in said case on 17.02.1995. His presence and role is narrated in detail by the injured eye witnesses. In view of his role in the incident narrated by the eye witnesses, it is hard to believe that after moving application on 16.02.1995 for casual leave for 17.02.1995, Darshan Singh attended the school next day in the first half and sought half day leave thereafter. The attendance register was not seized immediately after the incident. His plea of alibi is vacillating.

17. The word alibi means “elsewhere”. The plea of alibi is not one of the General Exceptions contained in Chapter IV of IPC. It is a rule of evidence recognized under Section 11 of the Evidence Act. However, plea of alibi taken by the defence is required to be proved only after prosecution has proved its case against the accused. In the present case said condition is fulfilled.

18. After scrutinizing the entire evidence on record, we do not find any illegality in appreciation of evidence, or in arriving at the conclusion as to the guilt of the present appellant by the High Court.

19. Therefore, for the reasons discussed above, we find no force in this appeal which liable to be dismissed.

20. Accordingly, the appeal is dismissed. Appellant be taken into custody by the court concerned to make him serve out the remaining part of sentence, awarded by the High Court.

January 06, 2016.