STATE OF PUNJAB Vs. KARNAIL SINGH

JUDGEMENT

(1.) State of Punjab is in appeal questioning the legality of judgment rendered by the Punjab and Haryana High Court directing acquittal of the respondents Karnail Singh and Nirmal Singh. Learned Sessions Judge, Jalandhar, had found both the accused person to be guilty of offence punishable under Section 302 of Indian Penal Code, 1860 (for short IPC). Life sentence was imposed on each, with fine of Rs.1,000/-. Additionally, accused Karnail Singh was convicted for offences punishable under Section 307 read with Section 34, IPC while accused Nirmal Singh was convicted for offences punishable under Section 307, IPC. Each of them was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- each. During pendency of appeal before this Court, accused-appellant Nirmal Singh expired. Since no application in terms of Section 394 of the Code of Criminal Procedure, 1973 (for short the Cr. P.C.) has been filed, the appeal abates so far he is concerned.

(2.) In a nutshell the prosecution version is as follows : Gurdial Singh alias Kala (hereinafter referred as the deceased) had five brothers, namely, Piara Singh, Swaran Singh, Charan Singh, Dev Singh and Kewal Singh. Piara Singh and the deceased used to reside in a Dera in their fields, where they had installed a tubewell. Accused Karnail Singh and Nirmal Singh belong to their village. They also used to reside in a Dera close to the Dera of Piara Singh and deceased. As deceased was having illicit relationship with Sito, wife of accused Karnail Singh, there was enmity between the accused persons and the deceased. On 26-1-92 in the night Piara Singh and deceased were taking rest at the Dera after taking meals. Their brother Swaran Singh also came there in order to irrigate his fields by using their tubewell. At about 11.00 p.m., Swaran Singh asked deceased to have a round and to check up if the fields were properly irrigated. Deceased went out to check up the fields. After some time, Piara Singh and Swaran Singh (PWs. 1 and 2 respectively) heard the cry for help made by the deceased. Immediately they went out and saw both accused persons armed with weapons dragging the deceased towards their Dera. At that time there was an electric bulb lighting their Dera. When they tried to help the deceased, Nirmal Singh fired at the deceased with his gun, as a result of which he fell down on the ground while accused Karnail Singh was assaulting the deceased with the Kirpan. When Piara Singh (PW 1) raised alarm pleading that the deceased should not be assaulted, the accused persons threatened them. Being frightened they ran away to their village. On the following morning, they told about the incident to Gurdip Singh, Sarpanch. They went to the place of occurrence, and found the headless body the deceased with injury on the right side of the chest lying in the field near the Dera of accused Karnail Singh. They searched for the head of the deceased and found the same lying in the tubewell at the Dera of accused Karnal Singh. Piara Singh left Swaran Singh (PW 2) and Kewal Singh to guard the dead body and lodged the information at the police station. Investigation was undertaken and on completion charge sheet was placed. Accused persons pleaded innocence and false implication.

(3.) Learned trial Judge found the prosecution version to be credible and placing reliance on the evidence of PWs. 1 and 2 convicted the accused persons and sentenced them as above stated. The judgment of conviction and sentence was assailed before the High Court. Main challenge before the High Court was that there was unexplained delay in lodging the FIR and dispatch of the same to the concerned Magistrate. It was also submitted that the conduct of the witnesses who were brothers of the deceased was unusual and instead of coming to his rescue they claimed to have fled away. The five brothers of the deceased did not take any step in the night and remained content. They informed the Sarpanch on the next day, and though they claimed to have told the Lambardar in the night itself, there was no evidence adduced during trial to that effect. Accepting the contentions of the accused the High Court directed acquittal as aforenoted. The High Court also noted that the presence of PWs 1 and 2 was extremely doubtful and a false case after due deliberation was cooked up and FIR was prepared at about 2.00 p.m. and that being the position, the accused persons were entitled to acquittal.