PURAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition has been preferred by accused Bansi Singh praying he may also be given the benefit of judgment of acquittal dated January 28, 1998 passed by this Court in appeal titled as "Puran Singh and another Vs. State of J&K", since he was co -accused with them in the trial court and convicted and sentenced by 1st Additional Session Judge, Jammu vide decision dated July 31, 1992 for offence under Sections 303/34/323 RPC read with Section 4/27 Arms Act. Appeal against this judgment was filed by Puran Singh and Sagar Singh but he could not file this appeal. Since they have been acquitted, therefore benefit of judgment of acquittal of this court should flow to him as well.

(2.) SHORTLY , it may be mentioned that Kashmir Singh (deceased) was engaged in the trade of illicit distillation of liquor with Sagar Singh (accused), Karan Kumar (PW) and Hafiz Gujjar (PW). Puran Singh (accused) was attacked by Kashmir Singh (deceased), as a result of which arm was amputated. This created bad blood between the two groups. Consequently, this incident took place on August 19, 1998 when Sagar Singh, Karan Kumar and Hafiz Gujjar PSW were busy in illicit distillation at Roop Nagar Khud. kashmir Singh (deceased) left for Janipura and asked the other associates to continue the work intimating them that he would come to the place after sometime and collect the liquor in the evening. After Kashmir Singh (deceased) left, Sagar Singh also left the spot informing the other two persons namely Karan Kumar and Hafiz Gujjarthat he had some work at home. This way he left the spot where liquor was being illicitly distilled. From there he went to Kot Bhalwal to inform Puran Singh, who was ready with this party. Having come to know about the movements of Kashmir Singh (deceased), accused including Bansi Singh arrived at Chinhor Khud in a taxi and laid an ambush by blocking the road with empty barrels in the evening. In furtherance of their -common intention they appeared with deadly weapons like swords, stones, hockey, toka and Khokhri, and attacked the deceased. Ultimately, in this incident Kashmir Singh died. Matter was reported to the police and after completion of investigation challan was filed in the trial court, which convicted and sentenced them to imprisonment recorded in the main judgment. In this case three accused namely Rashpal in the main judgment. In this case three accused namely Rashpal Singh, Darshan Lal and Ashok Singh have been acquitted by the trial court.

(3.) AS said, appeal was filed in this court by Puran Singh and Sagar Singh and they have been acquitted. Mrs. Surinder Kour, learned counsel appearing for Bansi Singh contends that in the main judgment (Criminal Appeal No: 19/1992, -Confirmation Reference No: 25/1992, this court has considered the whole matter comprehensively. While doing so evidence of prosecution, statement of accused and submissions of counsel for parties were taken into consideration before acquitting the accused. Petitioner Bansi Singh being co -accused has also been discussed in the judgment in the light of evidence of prosecution which is directed against all the accused in this case. With a view to bring home the point, learned counsel for Bansi Singh placed reliance on Supreme Court decision reported in AIR 1993 SC 2787, "Jai Pal and another Vs. State of U. T. Chandigarh" We have also heard Shri P. C. Sharma, learned Government Advocate in this case, having considered the case file, particularly the judgment dated January 28, 1998, we are of the opinion that while dealing with the appeal we have exhaustively turned to the prosecution evidence in the case. It has been found sloppy, discrepant, contradictory and undependable. Some of the witnesses have turned hostile while others have not supported the prosecution case. There are some who have made improvements in their version, what to talk of independent witnesses, who have not at all come up with a version consistent with the prosecution case. The outcome of our discussion and appreciation of the prosecution evidence in the case has been that the prosecution case has remained completely unsubstantiated. Consequently, the accused have been acquitted. On this evidence, like other accused, no case against petitioner Bansi Singh is made out. The judgment of Apex Court in Jaipals case (supra) is applicable to this case.