TMI Blog1969 (1) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... sonment under section 302 read with sections 109 and 113, I.P.C. and to 5 years' rigorous imprisonment under section 4 of the Explosive Substances Act. Both the convicted persons filed appeals in the.Punjab and Haryana High Court, viz. Criminal Appeal No. 602 of 1967 and 601 of 1967. The State of Punjab also filed a criminal revision No. 1006 1967 for enhancement. of sentence of Nand Lal Sehgal. By a of common judgment dated 3rd November, 1967, the High Court dismissed the appeal of the appellant and confirmed the sentence of death imposed upon him. The High Court, however, acquitted Nand Lal Sehgal by allowing his appeal and dismissed the revision petition filed by the State of Punjab. These are two appeals one by certificate and the other by special leave on behalf of the appellant Piara Singh against the judgment of the Punjab and Haryana High Court dated 3rd November, 1967. The case, of the prosecution was that one Ram Sahai P.W, 19, who was the organising Secretary of Jagatjit Kapra Mills. Mazdoor Union, Phagwara, had proceeded on hunger strike from 1st October; 1966 in front of the gate of the Jagatjit Textile-Mills, Phagwara (hereinafter called the Mills) in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the occurrence, Piara Singh came to the approver's residence and told him that Sehgal wanted one Ram Singh who Was employed in the Textile Mills. Ganga Nagar, to be killed, Piara, Singh suggested the device of sending a bomb in a parcel to the victim and when the parcel would be opened, the bomb would explode. About 15 days before the incident, Piara Singh again came to the approver and told him that he had secured a bomb and he wanted to get prepared two wooden boxes, one smaller in size. than the other. The approver and Piara Singh thereafter went to the shop of Nazar Singh P.W.22 a carpenter of Phagwara, who made the box. Later in the evening they went to of Gian Singh, P.W. 23 a carpenter of village Chachoki,which is said to be half a mile from Phagwara. Piara Singh got prepared from him six pieces of phaties of raw wood. After it had become dark, Piara Singh brought to the approvers house these articles as also a bomb saying that he had removed the fuse of the bomb so that if it should fall, it may not explode. On 2nd October, 1966 Piara Singh came to the approver's house at 10 pm. and informed him of Sehgal's intention that the bomb should now be sent so as to exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut 2 p.m. on the next day, i.e, 4th October, 1966, the approver learnt about the explosion of the bomb, The High Court considered that the statement of the approver Was sufficiently corroborated by the evidence of Nazar Singh P.W. 22, Gian Singh P.W. 23, Sardara Singh P.W. 24, Amrik Singh P.W. 25 and Sri Niwas P.S. 27 so far as the appellant was 'Concerned. The High Court accordingly held that charges under Ss. 302 and 326, I.P.C. and section 3 of the Explosive Substances Act were established against the appellant. As regards Nand Lal Sehgal the High Court took the view that there was no independent corroboration of the approver's evidence which could reasonably lead to the inference that Sehgal was instrumental in the commission of the crime. The High Court, therefore, acquitted Nand Lal Sehgal. In support of his appeal Mr. Mitter contended, in the first place, that by reason of the acquittal of Nand Lal Sehgal the evidence given in the case concerning Nand Lal Sehgal must be totally rejected. It was contended that the evidence of the approver so far as it concerns Nand Lal Sehgal must be eliminated. In other words, the argument was that the effect of acquittal of Nand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of a prisoner in a previous criminal trial which is brought in view on a second criminal trial of the same. prisoner. that seems to be implied in the language used by Wright, J. in R. v. Ollis which in effect I have adopted in the foregoing statement...... There must be a prior proceeding determined against the Crown necessarily involving an issue which again arises in a subsequent proceeding by the Crown against the same prisoner. The allegation of the Crown in the subsequent proceeding must itself be inconsistent with the acquittal of the prisoner in the previous proceeding. But if such a condition of affairs arises I see no reason why the ordinary rules of issue estoppel should not apply. Such rules are not to be confused with those of res judicata, which in criminal proceedings are expressed in the pleas of autre fois acquit and autre fois convict. They are pleas which are concerned with. the judicial determination of an alleged criminal liability and in the case of conviction with the substitution of a new liability. Issue-estoppel is concerned. with the judicial establishment of a proposition of law or fact between parties. It depends upon. well known doctrines whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such tainted evidence unless it is corroborated in material particulars by other independent, evidence. It would not, however, be right to expect that such independent corroboration should cover the whole of the prosecution case or even all the material particulars of the prosecution case. If such a view is adopted it will render the evidence of the accomplice wholy superfluous. On the other hand, it will not be safe to act upon such evidence merely because it is corroborated in minor particulars or incidental, details because, in such, a case, corroboration does not afford the necessary assurance that the main story disclosed by the approver can be, reasonably and safely accepted as true'. It is well settled that the appreciation of approver's ',evidence has to satisfy a double test. His evidence must show that he is reliable witness and, that is a test which is common to all the witnesses. If this test is satisfied the second test, which still remain to be applied is that the approver's' evidence must receive sufficient corroboration. (See Sarwan Singh v. State, of Punjab) ) A.I.R. 1957 S.C. 637.. In the present case the High Court has rightly applied this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this aspect of the case. Lastly, it was contended that the hand grenade could not be arranged in the manner stated by the approver, but that the hand grenade was intact and when the parcel was opened, some one may have caused it to explode. In this connection Mr. Mitter referred to the evidence of expert Mr. Murti P.W. 6. According to Mohinder Singh, only one hole was made in the inner box through which the wire fitted in the grenade in place of the safety pin was taken out. The argument of the appellant was that,two holes should have been made in the inner box, but according to the approver only one hole Was made. It was also said that according to the report of the expert, bent steel wire was found in the first parcel which was sent to him. It was argued that the report of the expert was not consistent with the evidence of the approver who said that the safety pin of the wire had been removed. It was suggested that Mohinder Singh would have probably thrown the safety pin and not kept it in the box. The High Court has examined in detail the argument of the appellant on this point and reached the conclusion that the statement of the approver with regard to, the packing, of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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