New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (3) TMI 694 - SUPREME COURT

2016 (3) TMI 694 - SUPREME COURT - TMI - Order of acquittal reversed - present appellant has been convicted by the High Court under Section 302 of Indian Penal Code, 1860 (for short “IPC”), and sentenced to imprisonment for life and directed to pay a fine ₹ 5,000/- and in default of payment of fine he is directed to undergo rigorous imprisonment for a further period of six months - Held that:- There are three injured eye witnesses in the present case, namely, PW-1 Amrik Singh, PW-2 Sukhcha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assigned specific role as to how he assaulted Santa Singh who suffered ante mortem injuries which gets corroborated from the autopsy report of Santa Singh. There are as many as five stabbed wounds out of the six ante mortem injuries.

The word alibi means “elsewhere”. The plea of alibi is not one of the General Exceptions contained in Chapter IV of IPC. It is a rule of evidence recognized under Section 11 of the Evidence Act. However, plea of alibi taken by the defence is required to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ak Misra And Prafulla C. Pant, JJ. JUDGMENT Prafulla C. Pant, J. This appeal is directed against judgment and order dated 02.09.2008, passed by High Court of Punjab and Haryana, Chandigarh, whereby the High Court has disposed of Criminal Appeals No. 209 D.B. and 568 DBA, both of 1998 and Criminal Revision No. 654 of 1998. The appeal filed by the State qua Darshan Singh (present appellant) against his acquittal by the trial court, was allowed and his acquittal was reversed. The present appellant .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to pay fine of ₹ 1,000/- with default clause directing to undergo rigorous imprisonment for further period of two months. 2. We have heard learned counsel for the parties and perused the papers on record. 3. Prosecution story, in brief, is that there was dispute between complainant and his relatives on one side and accused persons on the other side regarding their turn of irrigating their fields. On account of this, earlier there had been incidents of assaulting each other. In the circums .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urain Singh, Jasmail Singh, Darshan Singh (present appellant), Jhanda Singh and Boota Singh had also come to the court on said date. At about 11.00 a.m. both the sides started quarrelling and had a heated exchange of words, as Surain Singh objected to presence of Bhajan Singh who was relative of complainant Amrik Singh and not a party to the proceedings. He (Surain Singh), a Amritdhari Sikh, took out his Siri Sahib (Small Kripan, a sharp edged weapon) and gave blow to Bhajan Singh. When complain .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to Raj Singh. Pal Singh and Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaulted them also. Accused Boota Singh instigated other accused that no one should be escaped alive. The injured were taken to Guru Gobind Singh Medical Hospital, Faridkot, where Santa Singh and Harbans Singh succumbed to their injuries. 4. Report of the above incident was lodged by complainant Amrik Singh (PW-2). On the basis of it, FIR No. 14, dated 17.02.1995 was registered at Police Station, City Far .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on the side of the accused, and from their side accused Pal Singh, accused Surain Singh and accused Jhanda Singh suffered injuries. After interrogating witnesses and on completion of investigation PW-16 Assistant Sub-inspector Ram Singh (who took over investigation from S.I Ranjit Singh) submitted charge-sheet against accused persons in the court. 5. It appears that after the committal of the case it was registered as Session Case No. 33 of 1995. On 7.7.1995, Additional Sessions Judge, Faridkot .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

witnesses), PW- 4 Dr. Sarabjit Singh Sandhu who conducted post-mortem examination, PW-5 Dr. Manjit Singh, PW-6 Gurcharanjit Kaur, Ahalmad, PW-7 Ujjagar Singh, Steno to A.D.C. Moga, PW-8 ASI Basant Singh, PW-9 Head Constable Shagan Singh, PW- 10 Inspector Prithvi Singh, PW-11 Prithi Pal Singh, S.S.Teacher, PW-12 Dharam Singh, Draftsman, PW-13 MHC Baljit Singh, PW-14 Dr. S.P. Singla, PW- 15 Sub Inspector Shivraj Bhushan, PW-16 Sub Inspector Ram Singh, PW-17 Inspector Ranjit Singh, PW-18 Constable .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, DW-2 Rajinder Kumar, DW-3 Darshan Singh (Teacher in primary school, Pakhi Khurd), DW-4 Pawan Kumar, Ahalmad, DW-5 J.V. Tiwari, DW-6 Mukhtiar Singh, DW-7 Om Parkash and DW-8 ASI Harvinder Pal Singh were examined. 8. The trial court after hearing the parties found that charge as against accused Boota Singh, Darshan Singh and Lachman Dass is not proved and, as such, they were acquitted. However, accused Surain Singh was convicted under Section 302 of IPC for committing murder of Harbans Singh and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he High Court allowed appeal of Jhanda Singh, Jasmail Singh and Pal Singh, but appeal of Surain Singh was dismissed. The connected appeal No. 568 DBA of 1998 filed by the State qua Darshan Singh against order of his acquittal was allowed, and he was convicted under Section 302 of IPC for committing murder of Santa Singh and sentenced to imprisonment for life and directed to pay fine of ₹ 5,000/- with default clause. He was further convicted under Section 324 of IPC for voluntarily causing .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ued before us that where two views are possible on the basis of evidence on record, the High Court should not have reversed the order of acquittal recorded by trial court. It is further contended that appellant Darshan Singh was discharging his duties in the school on 17.02.1995 and was not present at the place of incident when occurrence took place and as such, the acquittal recorded by the trial court was not liable to be interfered with. Our attention is drawn to the evidence adduced in defen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al submissions and perused the entire record of the case. There are three injured eye witnesses in the present case, namely, PW-1 Amrik Singh, PW-2 Sukhchain Singh and PW-3 Raj Singh. It is a case of day light incident. Injuries on the person of said eye witnesses have been corroborated by PW-4 Dr. Sarabjit Singh Sandhu, PW-5 Dr. Manjit Singh and PW-14 Dr. S.P. Singla. Ocular testimony of eye witnesses cannot be discarded lightly. Once the prosecution has discharged its burden, the burden to pro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as present on the anterior side of chest on the left side, 6 cms below and lateral to left nipple at 4.00 O clock position. C.B.P was present. On dissection, it is going in wards and medially through 6th inter costal space, piercing the pericardium and left vertical. Pericardial sac contains about 200 C.C of fluid blood. 2. Transverse stab wound 3 x 0.5 cm on the lateral side of left side of chest 6 cms lateral to the injury no.1. It was bone deep C.B.P. 3. Transverse stab wound 2 x 0.5 cm was p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

line and 20 cms below the nape of the neck, it was bone deep C.B.P. 6. A transverse stab wound 4 x 0.5 cms on the back of left side of chest, 5 cms from the midline and 12 cms below the nape of the neck. C.B.P. It was bone deep. 13. From the record, PW-1 Amrik Singh (eye witness) appears to have suffered following injuries at the time of the incident:- 2.4cm x 1cm incised wound-10.5 cms below and posterior to left shoulder joint. X-ray of left shoulder joint advised. Injury was kept under observ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

x 2 cms incised wound on right lumber region-10 cms below injury no.2. Surgical opinion and X-ray advised. 15. Third eye witness PW-3 Raj Singh suffered following injuries on the date of incident, as proved on the record:- 1. 1.9 cm x 1 incised wound in right Gluteal region-6 ½ cms below the right. Anterior superior iliac spine. X-ray advised. 2. 2cms x 1 cm incised wound on right lower chest. Bonedeep 22 cms below the right anterior, Axillary fold-17 cms below and slightly lateral to rig .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version