DARBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 6.2.2008 passed by the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No.248-DB of 1998, by which the High Court affirmed the judgment and order dated 7.4.1998 passed by The Additional Sessions Judge, Ferozepur in Sessions Case No.11 of 1996, by which the appellant stood convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter called 'IPC') and was awarded the imprisonment for life and a fine of Rs.5,000/- was imposed upon him. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for 2 years. Co-accused Kashmir Singh @ Malla Singh @ Malli was also similarly convicted and sentenced.

(2.) Facts and circumstances giving rise to this appeal are as follows:

(3.) Shri Rohit Sharma, learned counsel appearing for the appellant has submitted that the appellant has falsely been enroped and that he did not have any proximity with Kashmir Singh. In fact, on the contrary, his family had a rather strained equation with the family of Kashmir Singh as one person from the family of the appellant had in the past (20 years ago), been prosecuted and convicted for the offence of committing rape upon Kashmir Kaur, a relative of Kashmir Singh. In fact, on refusal to give liquor on credit, Kashmir Singh, Paramjit Singh and Bohar Singh had teased Mukhtiar Singh, deceased. Mukhtiar Singh caused injuries to them and the appellant intervened in the scuffle. Thereafter, when brother of the deceased, namely Amrik Singh asked the appellant to be a witness for them, the appellant refused, thus the appellant has falsely been enroped in the crime. The manner in which the appellant has been accused of causing injury is not in fact at all possible because the medical evidence is not in consonance with the ocular evidence. The appellant had not been charged under Section 302 r/w Section 34 IPC, and even if it is assumed that the appellant had also participated in causing injury to the deceased Mukhtiar Singh, he should not be held responsible for the offence punishable under Section 302 IPC, as the said injury could not be proved to be fatal. No independent witness has been examined even though the incident occurred at 5 p.m., at a liquor vending shop, where a few persons can reasonably be expected to be present at that time. The appellant has served more than 8 years. Thus, the appeal deserves to be allowed.