(1.) This judgment in Murder Reference No. 1of 1977 will dispose of not only Cr. Appeals No. 43/77 and 44/77 (filedby Sunil Batra), 68/77 and 123/77 (filed by VipinKumar Jaggi and Ravinder Nath Kapur, respectively), 186/77and 187/77 (filed by Shahwar Mohd. Khan), but also Cr. Appeal No.164 of 1977, referred by the State seeking to enhance the sentence onthe other three appellants except Sunil Batra (who will hereafter bereferred to as Sunil). For purposes of convenience Vipan Kumar Jaggiwill hereafter be referred to V. jaggi, the name which appears frequently:CD/78-2in evidence; Ravinder Nath Kapoor will hereafter be referred loas Ravi and Shahwar Khan as Shahwar only.
(2.) Sunil has been convicted under Sections 120-B, 302, 396 as wellas under S. 395 read with Ss. 397 and 398 1. P. C. for having causedthe death of both Bansi Ram and Ram Niwas, the gun man and thedriver, respectively, of the green coloured van of the Union Bank ofIndia, Chandni Chowk (bearing No. DHB 768, Ex. P. '15) and awarded the extreme penalty subject to the confirmation of this Court,under Sections 302 1. P. C. and 396 1. P. C. the lesser sentence, ofimprisonment for life, has been awarded under the other sections. Theother appellants V. Jaggi, Ravi and Shahwar have been convictedunder the aforesaid sections except that the conviction under S. 3021. P. C. is only constructive, i.e., read with S. 34 1. P. C" for havingcaused the death of both Bansi Ram and Ram Niwas (gunman and thedriver, respectively, of the van of the United Bank of India, ChandniChowk). Each of them has been awarded imprisonment for life on allthe said counts. The sentences of imprisonment, in case of alli the fourappellants, have been ordered to run concurrently. Sunil and Shahwarwere convicted and sentenced under the Arms Act also.
(3.) The learned counsel for the appellants, Mr. Ram Jethmalani andMr. R. K. Garg in particular, urged that the identification of personsnot previously known to the witnesses was the weakest type of evidence. Mr. Ram Jethmalani drew our attention to certain observationsmade by Glanville Williams in the course of his Hamlyn Lectures onThe Proof of Guilt (3rd Ed., pages 106-124). Glanville Williamsrefers to various writers on the subject including some well-known trials.In the case of Adolf Bech he was wrongly picked out at identificationparades by no fewer than 12 women who had been defrauded by himand to some of whom he also made love. Without being detained bythe possibilities of such error which Glanville Williams points out oreven by the recommendations made by the Royal Commission on PolicePowers in 1929 for improving the procedure for identification of thealleged culprits byconcerned witnesses, w& may refer to the observations..of Beg. J. (as he then was) in Yashwant & Ors. v. State of MaharaShtra(Criminal Appeals No. 175 of 1969 and No. 90 of 1970, decided on20-4-1972-Unreported Judgments (1972), p. 923 (930), para 20) :"It is well known that evidence as to identification, particularly ofpreviously unknown persons, is a deceptive kind of evidence which hasled to miscarriage of justice sometimes". There is need for caution inacting upon such evidence (vide Ramazan & Ors. v. Emperor, A. 1. R.1929 Sind 149).
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