Heard learned counsel for the parties.
All the three appellants of Criminal Appeal No.977 of 2000, namely,
Gurdev Singh, Harpal Singh and Jugraj Singh, along with two respondents of
Criminal Appeal No.101 of 2001, namely, Balbir singh and Ajmer Singh, were tried
and, by judgement rendered by the Trial Court, were acquitted of all the charges. On
appeal being prefered by the State of Punjab, High Court upheld the order of
acquittal in relation to accused Balbir Singh and Ajmer Singh whereas convicted
appellants of Criminal Appeal No.977 of 2000 under Section 302 read with Section 34
of the Indian Penal Code, 1860, and sentenced them to undergo rigorous
imprisonment for life and to pay fine of Rupees five thousand each; in default, to
undergo further rigorous imprisonment for a period of six months. Against the order
of acquittal, Criminal Appeal No.101 of 2001 has been filed on behalf of the State of
Punjab whereas three convicted accused persons have filed Criminal Appeal No.977
of 2000 challenging their conviction.
Conviction of the appellants of Criminal Appeal No.977 of 2000 is based
upon the evidence of two eye-witnesses, namely P.W.2 [Balaur Singh] and P.W.3
[Chand Singh]. We have been taken through the evidence of these witnesses and,
according to us, they have consistently supported the prosecution case disclosed in
the First
Information Report as well as police statements made by them on material
particulars. In our view, the Trial Court was not justified in refusing to place
reliance upon their evidence on minor contradictions.
Having perused the judgements rendered by the two courts below, we are
of the view that the judgement of acquittal in relation to accused Gurdev Singh,
Harpal singh and Jugraj Singh suffered from the vice of perversity; as such, the High
Court was quite justified in interfering with the same. So far as accused Balbir Singh
and Ajmer Singh are concerned, it appears that the view taken by the Trial Court
was a possible one and benefit of doubt could have been given to them; as such, the
High Court confirmed the same. We are of the view that the prosecution has
succeeded in proving its case beyond reasonable doubt against accused Gurdev Singh,
Harpal Singh and Jugraj Singh. The order of acquittal and its confirmation by the
High Court in relation to accused Balbir Singh and Ajmer Singh cannot be said to be
perverse in any manner. In view of these facts, we do not find any ground to interfere
with the impugned order. In the result, the appeals fail and the same are dismissed.
Bail bonds of the three appellants of Criminal Appeal No.977 of 2000,
namely, Gurdev Singh, Harpal Singh and Jugraj Singh, who are on bail, are cancelled
and they are directed to be taken into custody forthwith to serve out the remaining
period of sentence for which the matter must be reported to this Court within one
month from the date of receipt/ production of copy of this order.
[G.S. SINGHVI] New Delhi, December 10, 2008.