TMI Blog2002 (7) TMI 804X X X X Extracts X X X X X X X X Extracts X X X X ..... Kuljinder Singh. On the date of the incident at about 3.30 p.m. there was a verbal fight which also led to the parties grappling with each other but that did not culminate in any serious incident due to the timely intervention of some ladies in the families. It is the prosecution case that thereafter at about 8 p.m. the appellants herein along with 3 other accused persons came in a white Maruti car driven by the second appellant and the said accused persons got down from the car, raising a Lalkara (challenge) that they would teach the complainant party a lesson for obtaining stay in regard to the land in question. Thereafter, it is stated that the first appellant herein who was armed with a .12 bore double barrel gun and the second appellant who was armed with a rifle along with 3 other accused persons who were armed with dangs attacked the deceased Virsa Singh and his younger son Kulwant Singh on the roof of their house. It is stated that during the said attack the first appellant Rachhpal Singh and the second appellant Gurmit Singh fired shots from their respective weapons at Virsa Singh and Kulwant Singh, consequent upon which each one of them received two bullet injuries an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge Kabarwala and at the time of his arrest he was in possession of .12 bore double barrel gun and one belt containing 9 live cartridges which was also seized by the investigating agency. The post mortem report and the evidence of Dr. R. S.Randhawa, PW-2, shows that both the deceased persons had lacerated wounds on vital parts of their bodies which had lacerated the lung and the Doctor had opined that the injuries in question were anti-mortem and had been caused by the use of fire-arms. Learned Sessions Judge considering the material placed before him found the appellants herein and the 3 other accused persons guilty of the offence charged against them and convicted and sentenced appellant Nos. 1 and 2 herein to death for offence under Section 302 IPC while other accused were sentenced to life imprisonment. He also sentenced them to varying terms of imprisonment with fine in regard to other offences and referred the case of appellant Nos. 1 and 2 for confirmation to the High Court. It is against this conviction and sentence, Murder Reference No.2/99 was lodged before the High Court while Criminal Appeal Nos.130-DB to 132-DB/99 were preferred by the convicted accused persons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n established and he having small children with a disabled brother, it was highly improbable that he would have been visiting the deceased at that late hour in the day. In support of this contention, Mr. Sinha pointed out that it was the case of PW-4 that he had come to return a trolley which he had borrowed from the deceased and nowhere in the evidence it is seen that the prosecution has been able to establish that any such trolley was in fact there at the residence of the deceased. He also submitted that the recovery of the bullet casing was not recorded in the recovery Mahazar, therefore, that part of the evidence which connects the discharge bullet from the weapons recovered from the accused cannot be believed. While Mr. Bimal R. Jad, learned counsel representing the State of Punjab submitted that the trial court as well as the Sessions Court have very carefully considered the evidence adduced by the prosecution and have cited reasons for accepting the same, therefore, there is no ground for interference with such findings of the courts below. A perusal of the evidence of the doctor shows that there is some discrepancy in his evidence in regard to the nature of the injury ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Investigating Officer he has in specific terms stated that he found these bullet casings near the bodies of the deceased and he seized, sealed and sent them to the ballistic expert which statement of the Investigating Officer is not challenged in the cross-examination, therefore, mere lack of entry in Col. 23 would not in our opinion make the evidence of the Investigating Officer under oath which is unchallenged as unbelievable. Therefore, we reject this argument of the learned counsel and accept the evidence of the prosecution that the casings sent by the Investigating Officer are of the bullets discharged from the weapons in question. Coming to the incident in question, learned counsel pointed out from the evidence of PWs.3 and 4 that they had climbed on the roof of the deceased s house from entirely a different way than the one taken by the deceased and the assailants. Therefore, it is contended that it is highly improbable that from the place where these witnesses were standing they would have been able to witness the incident in question. It is also pointed out from their evidence that these witnesses were hiding behind parapet wall therefore definitely they could n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition because arguments were addressed on this question. Hence, this technical objection cannot be entertained because no prejudice is caused to the appellants on this count. At this stage we may also take note of the objection raised on behalf of the caveator complainant that the appellants have not preferred any separate appeal against the judgment of the High Court rendered in Crl. Revision No.443/99 and therefore technically there is no challenge to that part of the judgment at all. Learned counsel for the appellants submitted that they have challenged the judgment of the High Court in its entirety, even though the number of the revision petition is not mentioned in the cause title, therefore, this objection should not be entertained. We think both the defects pointed out by learned counsel for the appellants as to non-issuance of the notice by the High Court as also the argument of the respondent that there being no specific appeal against the order of the High Court in Crl. Revision No.443/99 are too technical a matter and none of the parties are prejudiced because of these technical defaults, therefore, we will consider the objection of the appellant as to the grant of compe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llants to adduce any evidence as to their monetary capability or as to the requirement of victim s family. Therefore, the learned counsel pleads that this exorbitant amount could not have been awarded. In support of this argument learned counsel has relied on Palaniappa Gounder v. The State of Tamil Nadu and Ors. (AIR 1977 SC 1323) and Sarwan Singh Ors. V. The State of Punjab (AIR 1978 SC 1525). It is true that in those cases this Court while considering the compensation awarded by the courts below held that the compensation in question should commensurate with the capacity of the accused to pay as also other facts and circumstances of that case like the gravity of the offence, the needs of the victim s family etc. While saying so, we notice from these very same judgments cited by the learned counsel that it is clear that the jurisdiction of the court to grant compensation is accepted by this Court. It is true that the High Court in the instant case did not have sufficient material before it to correctly assess the capacity of the accused to pay the compensation but then keeping the object of the Section in mind as seen from the reasoning of the High Court we think it is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
