Balbir vs Vazir And Other

i) Deceased Krishna Gir and deceased Sewanand were shot at on 23/07/2000 at 10.30 a.m. Krishna Gir died at 3.10 p.m. in hospital at Hissar and Sewanand died while being taken to hospital. PW-1 Puranmal who was present at the site filed written complaint at 12.30 p.m. and FIR No. 30 of 2000 came to be registered at 2.00 p.m. Written complaint or the FIR does not disclose the names of the assailants, though, they were recorded promptly after the incident.

14. The prosecution relied on two eye-witnesses. They are PW-4 Balbir Singh and PW-5 Pratap Singh. Before turning to their evidence it is necessary to refer to evidence of PW-3 Prithvi Gir, a disciple of deceased Krishna Gir who deposed about the presence of the eye-witnesses at the scene of offence and also about the dying declaration allegedly made by deceased Krishna Gir to him. PW-3 Prithvi Gir is not an eye witness to the incident. He stated that deceased Krishna Gir had asked him to come to the Dera of Lalgiri Maharaj situate at Rampura on 23/7/2000, as the Yagya which deceased Krishna Gir was supervising was to conclude on that day. Accordingly, PW-3 Prithvi Gir went to Rampura on 22/7/2000. According to PW-3 Prithvi Gir at 10.30 in the morning of 23/7/2000 deceased Krishna Gir was sitting on a bench in the small Satsang room inside the Dera. Deceased Sewanand was sitting at a distance of 2’ from deceased Krishna Gir on a mat. PW-4 Balbir Singh, PW-5 Pratap Singh, Hari Singh, Rajvir Singh were sitting at a distance of 10’ from deceased Krishna Gir. Deceased Krishna Gir’s driver Leela was also sitting there. PW-3 Prithvi Gir further stated that at 10.30 in the morning there was a sound of gunfire and stampede. He and Ramgiriji ran towards deceased Krishna Gir. They saw him lying on the bench with blood on his body. Deceased Sewanand was lying on the floor with bullet injuries. PW-3 Prithvi Gir further stated that Sewanand was put in one vehicle and deceased Kirshna Gir was put in a Sumo vehicle for being taken to hospital at Pilani. Along with PW-3 Prithvi Gir, Ramgiriji and one person from Rampura were there in the Sumo vehicle. PW-3 Prithvi Gir further stated that deceased Krishna Gir was conscious and told him that he and deceased Sewanand were shot at by Vazir son of Hoshiar Singh, Caste Gosain and Joragir son of Dunigir, caste Gosain, both residents of Pokarkhedi; both of whom he recognized at the spot. According to PW-3 Prithvi Gir deceased Krishna Gir further told him that in this conspiracy to kill him Dalelgiri disciple Ram Gir resident of Maham, Hoshiar Singh, Rajmal, Jageram resident of Pokarkhedi and Sohangir disciple of Gulab Gir, caste Gosain resident of Sukhura, District Jind and Baljit Singh, caste Jat Gosain, village Pokarkhedi and Devnand village Mahiwal, caste Gusain, presently employed with Delhi Police are also involved and Lichman son of Jagannath, caste Gusain, Village Pinjpura, District Kaithal, maternal uncle of Vazir conspired to shoot him. According to PW-3 Prithvi Gir the doctor at the hospital at Pilani asked him to take deceased Krishna Gir to a bigger hospital. He was taken to CMC hospital at Hissar, where he died. Deceased Sewanand died on way to Pilani.

vii) The High Court’s judgment is perverse. The High Court has ignored cogent evidence of eye-witnesses and given undue importance to minor discrepancies. The High Court grossly erred in setting aside the well reasoned judgment of the trial court. This has resulted in grave miscarriage of justice. It is, therefore, necessary to set aside the impugned judgment.

23. Having applied our mind to the evidence on record, we are of the opinion that the prosecution has failed to prove its case beyond reasonable doubt. We are mindful of the fact that this case involves two murders and use of firearms. Crime is grave. But the High Court has scrutinized the evidence correctly in light of settled legal principles. The evidence on record creates some suspicion, but does not prove the offence to the hilt. The accused are, therefore, entitled to benefit of doubt. Besides, as we have already noted the instant appeals challenge the order of acquittal. We do not find the High Court’s judgment to be perverse. The High Court, in our opinion, was justified in interfering with the conviction of the accused. The view taken by the High Court is legally unassailable and a factually possible view. We, therefore, affirm it.

24. In the result, the appeals are dismissed.

JULY 01, 2014.