BHAGWAN SINGH UTTAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two appeals are filed against a common judgment of the Punjab and Haryana High Court in Criminal Appeal Nos. 956/'97, 1392/ 79 and 13101 79. There were four appellants in Criminal Appeal No. 956/79 before the High Court namely Joginder Singh, Bhagwan Singh, Mukhtiar Singh and Uttam Chand. Originally they were tried by the Sessions Judge, Amrtisar for offences punishable under Ss. 364, 302/ 34, 201, 365, 325/34 and 323/34, I.P.C. The trial Court, however, convicted them only under S. 365, I.P.C. and sentenced each of them to undergo R. 1. for two years and to pay a fine of Rs. 500/- each in default of which to undergo further R. I. for six months. Challenging the said convictions and sentences they filed the said appeal i.e. Criminal Appeal No. 956/ 79. The State of Punjab filed Criminal Appeal No. 1392/74 against their acquittal under S. 364, 302/ 34, 201, 323/ 34 and 325/ 34. The State also filed Criminal Appeal No. 13101 79 for enhancement of the sentence under S. 365, I.P.C. The High Court disposed of all the appeals by a common judgment. The High Court allowed State Criminal Appeal No. 1392/79 and convicted Joginder Singh, A.S.I. of Police and Bhagwan Singh and Mukhtiar Singh, two Head-constables under S. 302/34 I.P.C. and sentenced each of them to imrpisonment for life and to pay a fine of Rs. 2,000/ - each in default of which to undergo further R. I. for one year. The fine, if realised, was directed to be paid to the widow of the deceased in the case. The High Court, however, held that an offence under Section 302 is not made out as against Uttam Chand. The High Court further convicted all the four accised under S. 201, I.P.C. and sentenced each of them to undergo four years' R. I. and also sentenced to two years R.I. under S. 325 / 34 I. P. C. and further sentenced them to one year's R. I. under Section 323 / 34. The High Court also accepted the State Criminal Appeal No. 1310-79 and enhanced the sentence under Section 365, I.P.C. to five years' R. I. The sentences were directed to run concurrently. Accused Bhagwan Singh and Mukhtiar Singh have filed Criminal Appeal No. 388/ 81 in this Court under Section 379, Cr. P.C. Joginder Singh, A.S.I. filed Criminal Appeal No. 535/ 81 under Section 379, Cr. P. C. but as he died during the pendency of the appeal we have already dismissed the appeal as abated. Uttam Chand filed a special leave petition which was granted by this Court and it is numbered as Criminal Appeal No. 666/81.

(2.) The High Court has interfered in an appeal against acquittal and convicted two of the appellants and sentenced them to imprisonment for life. Therefore we have heard the counsel for the appellants at length and he has taken us through the entire record in an elaborate manner. The prosecution case is as follows.

(3.) Joginder Singh, A.S.I. and the other three accused namely two Head Constables and a Constable were working in the C.I.A. Staff, Amritsar. On 6-8-78 at about 4 P.M. Joginder Singh A. S.I. along with three others went in a jeep to the Hotel of Virsa Singh, P.W. 6 and brought Joginder Singh deceased along with P. Ws. 4,5 and 6 to the C.I.A. Staff Room in Rambagh Police Station and interrogated them about the smuggled narcotic powder. Joginder Singh. A.S.I. and Bhagwan Singh Head Constable were armed with sotas and Mukhtlar Singh, Head Constable was armed with a leather patta. While the deceased was being interrogated by the first three accused, Uttam Chand Constable was sitting outside. A.S.I. and the two Head Constables caused injuries to the deceased with their weapons who became unconscious P.Ws. 4, 5 and 6 were kept outside under the guard of Uttam Chand and P.W. 7 another Constable when the deceased was being interrogated and beaten in the room. Thereafter P. Ws. 4, 5 and 6 were also taken inside the room anct it is alleged that all the accused inflicted injuries on them also while interrogating them about the smuggled powder. P. Ws. 4, 5 and 6 -were taken to the main building of the C.I.A. Staff and they were detained there till 9th August, 1978. Later they were dropped near a by-pass road. They went to the Hospital and got themselves medically treated by P. W. 1. Civil Surgeon, Amrltsar at about 9.05 p. m. Further case of the prosecution is that the unconscious deceased was taken in a car but he expired on the way and the dead body was thrown into a river and the same could not be recovered during investigation. P.W. 8 who was in the company of the deceased in the Hotel of P.W. 6 when the deceased was taken by the accused, went to the C.I.A. Staff Room on 7th August, 1978 and happened to meet P.W. 5 there. He told him that the deceased became unconscious when being,beaten and he was taken away from there. Thereupon P.W. 8 went to the village of the deceased and informed his wife P.W. 9 on that very day.P.W. 9 along with mother of the deceased came to Amrtisar and met Joginder Singh, A.S.I. who told them that the deceased was not with them. She then met Senior Supertendent of Police and gave a report who Iforwarded the same to P.W. 20 Superintendent of Police City Amritsar who in turn sent it to the Police Station with the necessary endorsement. The concerned sub-Inspector registered a crime. As per the Punjab Police Rules, Superintendent of Police, P.W. 20 took up the investigation and recorded statement of the witnesses. He visited the scene of occurrence and found the walls of interrogation room stained with blood. After completion of the investigation a charge-sheet was laid. The prosecution examined P.Ws. 1 to 22. P. W. 1 the Doctor examined P.W. 5 for his injuries and he found 15 injuries.Injuries Nos. 6, 9 and 13 were declared to be grievous. He opined that all the injuries must have been caused by blunt weapons. P.W. 1 also examined P.W. 6 on the same day and found 8 injuries. They were also found to be simple. He also examined P.W. 4 and found 4 injuries which were simple. P.Ws. 4 to 7 figured as eye-witnesses. The accused pleaded not guilty and stated that they were all innocent. They examined D. Ws. 1 to 4 all belonging to Police staff and were asked to produce certain files. Their evidence is not material. Three questions arose for determination before the court below; 1) whether the injured P. Ws. and the deceased were kidnapped from the Hotel of P.W. 6; 2) whether the accused caused injuries to them and 3) whether the accused caused the death of the deceased and destroyed the dead body The trial court accepted the version of the prosecution only to the extent that injured P. Ws. and the deceased were kidnapped from the Hotel of P.W. 6 and rejected the rest of the prosecution case and accordingly convicted them only under S.365, I.P.C. The High Court, however, took a different view. The learned Judges accepted the evidence of Ws. 4 to 10 particularly that of the injured witnesses P.Ws. 4 to 6. The High Court also reached the conclusion that when once it is proved that the injured witnesses along with the deceased were kidnapped,, confined and beaten up and later if the dead body was not to be traced the only inference that can be drawn is that the accused also caused the death of the deceased. So far Uttam Chand, Constable is concerned the High Court took the view that he was only waiting outside when the deceased was being interrogated and beaten. He being a Constable, obeyed the orders of his superior namely the A.S.I. and kept guard outside. Therefore he had no common intention to cause the death of the deceased. In that view of the matter he was acquitted of the murder charge but convicted for other offences.