TMI Blog2000 (4) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... ar which PW 3 did. Shamsher Singh got down from the car and started looking at the truck to identify who the driver was Jagjit Singh who was driving the truck, brought the truck along side the car. Jagjit Singh's son Mittar Pal (also known as Lovely) and Swaran Singh were seated next to Jagjit Singh in the front cabin of the truck. Swaran Singh opened the left window of the truck and shot Shamsher Singh in the chest with his 12 Bore Double Barrel Gun. Shamsher Singh died on the spot. 3. On hearing the shot, Amar Singh got down from the car and went to the back of the truck. Then Jagjit Singh, his son Lovely as well as one Amrik Singh got out of the truck. Jagjit Singh fired at Amar Singh hitting Amar Singh in the chest. Amrik Singh told Jagjit Singh to fire more shots at Amar Singh. Whereupon Lovely took the 12 Bore Double Barrel Gun from Jagjit Singh and fired two more shots at Amar Singh, one of which hit Amar Singh in the neck and the other in the stomach. The assailants fired more shots at Amar Singh. Amar Singh died on the spot. While the assailants were firing shots, Satish Kumar, who got down from back of the truck also received a shot PW 3 and PW 4 both raised an ala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shirt. The left strip of banian was missing. The wound was 10 cm deep and in the area of 1st and second intercostal space. The remnant of cartridge was seen in the wound and it was removed and sealed. 2. Wound 3 cm diameter in the middle of the chest in the anterior triangle of the neck. The wound was 7 cm in depth with remnant of cartridge and pellets removed and sealed. 3. Wound 3 cm diameter on the abdomen in the right upper guardant with intestine protruding out of it 8 cm deep with margin rolled in and surroundings blackened. The intestines were ruptured and there was corresponding cut on the shirt and banian with margins blackened. The pellets were removed from injury and sealed. 4. A penetrating wound 2.5. cms diameter on the posterior aspect of the left leg in the popli togal fossa 2 cm above the knee joint line with rolled in margins and blackened ends. The wound was bone deep with remnants of cartridges and pellets embodied in the femur. There was fracture of the lower and of femur. The pellets were removed and sealed. There was corresponding cut in the pajama with margins blackened. 5. A penetrating wound 2.5 cm diameter in the left leg 3 cm below the kn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rath, AMHC Jai Singh, Constables Hazura Singh and Jagtar Singh on affidavits (as these witnesses were not required by the defence for cross-examination), the prosecution examined seven witnesses in support of the charges, namely, Dr. Rajiv Bhalla (PW 1), Ashok Kumar, Draftsman (PW, 2), Karnail Singh (PW 3), Gurmel Singh (PW 4), Karnail Singh, SHO PS Samrala (PW 5), K.S. Bhullar, Judicial Magistrate, Samrala (PW 6) and Randhir Singh (PW 7). 15. Swaran Singh in his defence stated that he was a member of the Truck Union , and was actively helping Jagjit Singh, the co-accused who was a rival candidate of Shamsher Singh, the deceased in the election to the Presidentship of the Truck Union which was to take place on 3.5.86. According to Swaran Singh, both the deceased with the intention of scaring away the helpers of Jagjit Singh came armed to the front of the house of Swaran Singh on 24.4.86. When Swaran Singh reached his house in his truck at 4.00 p.m. along with his cleaner, Satish, he found the deceased in a drunken state, shouting and using abusive language. The deceased allegedly were also firing indiscriminately Swaran Singh claimed that he ran away leaving his licenced loaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, Swaran Singh and Jagjit Singh have preferred appeals before this Court. It is contended before us by both the appellants that both the Courts had erred in relying on the eye witnesses, namely, PW 3 and PW 4 as their account of the incident in so far as it related to Mittar Pal Singh had been disbelieved by both the courts. It is further submitted that the evidence of the eye witnesses that the deceased had not drunk alchohol was belied by the Report of the FSL. It is also pointed out that Dilbagh Singh from whom inquiries the Trial Court in respect of Jagjit Singh and Swaran Singh. However, the sentences were altered by setting aside the sentences of fine imposed. 21. Being aggrieved by the decision of the High Court Swaran Singh and Jagjit Singh have preferred appeals before this Court. It is contended before us by both the appellants that both the Courts had erred in relying on the eye witnesses, namely, PW 3 and PW 4 as their account of the incident in so far as it related to Mittar Pal Singh had been disbelieved by both the courts. It is further submitted that the evidence of the eye witnesses that the deceased had not drunk alcohol was belied by the Report of the FSL. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) was 74.75 mg/ 100 mls. This does not show either that the alcohol had been consumed immediately prior to the occurrence as was suggested to the eye witnesses nor can it be said that the alcohol content was sufficient to make the deceased inebriated. 25. It was also correctly noted by both the Courts below that if indeed the deceased had been shooting indiscriminately as alleged by him, there would have been some pellets on the walls of Swaran Singh's house. The High Court also noticed that it was not even suggested to any of the witnesses in the prosecution that there were pellets or pellet marks near Swaran Singh's house. 26. The evidence of PW 1 and the postmortem reports was to the effect that the single wound on the right side of the chest of Shamsher Singh and several wounds on Amar Singh were blackened. Blackening is caused by smoke deposit. Smoke particles are light. They do not travel far. Therefore, smoke deposit, i.e., blackening is limited to a small range'. See Forensic Science in Criminal Investigation Trials (3rd Edn.) P. J2S80; Fisher, Svensson, and Wendel's Techniques of Crime Scene Investigation (4th Edn. p. 296). The fact that the firing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... participation of Mittar Pal Singh alias Lovely accused in this occurrence . 30. It is not necessary for us to question this reasoning as no appeal has been preferred against Mittar Pal's acquittal but in the case of the accused the medical evidence corroborates their participation. 31. Regarding the time of the occurrence, it may be that PW 1 has stated in cross-examination that both the deceased could have met their death at about 4.00 P.M. on 24.4.,86, but this does not by itself establish the fact that the deceased were killed at 4.00 P.M. The evidence of PW 1 in-chief was that the deaths could have been caused within 24 hours prior to the post-mortems. Therefore, PW 1's evidence is equally consistent with the case of the prosecution that the incident took place at 7.45 P.M. PW 1 's evidence regarding Satish Kumar in fact supports the prosecution's case. Satish Kumar was examined on 24.4.1986 at 11.20 P.M. In cross-examination he said that the injury had been caused within six hours . This statement means that the injury did not take place at 4.00 P.M. Besides, if Satish Kumar had been injured at 4.00 P.M., as claimed by the accused, there is no explanati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nae in the reasoning of the High Court either on facts or law, we dismiss the appeals. If the accused are on bail, they shall be taken into custody forthwith to serve out the sentences imposed on them. D.P. Wadhwa, J. 35. I agree with the judgment pronounced by my noble and learned sister Ruma Pal, J. I, however, wish to add a few lines. 36. The First Information Report was lodged within 21/2 hours of the occurrence and the case registered against four persons, namely, Shamsher Singh, Jagjit Singh, Amrik Singh and Mittarpal Singh @ Lovely. These four accused were named in the FIR. While Shamsher Singh surrendered a day following the lodging of the FIR, no steps were taken to apprehend other named accused. The case was not only investigated by Sub-Inspector Karnail Singh, SHO of the Police Station concerned but also by Mohinder Singh, DSP-, Baldev Singh, DSP Sanjiv Gupta SP (Detective) and B.P. Tiwari, DIG (Crime). When challan was put up, it was only against Shamsher Singh. A criminal complaint was filed by the complainant and all the accused were committed to stand their trial in the Court of Sessions for various offences. In the course of the trial, more than 50 prosec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arassed by the subordinate staff. If the criminal justice system is to be put on a proper pedestal, the system cannot be left in the hands of unscrupulous lawyers and the sluggish State machinery. Each trial should be properly monitored. Time has come that all the courts, direct courts, subordinate courts are linked to the High Court with a computer and a proper check is made on the adjournments and recording of evidence. The Bar Council of India and the State Bar Councils must play their part and lend their support to put the criminal system back on its trial. Perjury has also become a way of life in the law courts. A trial judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint. Perhaps law needs amendment to Clause (b) of Section 340(3) of the CrPC in this respect as the High Court can direct any officer to file a complaint. To get rid of the evil of perjury, the court should resort to the use of the provisions of law as contained in Chapter XXVI of the CrPC. - - TaxTMI - TMITax - ..... 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