RAJ SINGH @ RAJA Vs. STATE OF HARYANA TR.SEC.MINISTY OF HOME

Tags Evidence Murder

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 1475 of 2015, Judgment Date: Nov 20, 2015

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1475 OF 2015
(Arising out of S.L.P. (Crl.) No. 8281 of 2007)

Raj Singh @ Raja … Appellant

Versus

State of Haryana through Secretary
Ministry of Home Affairs, Chandigarh …Respondent

J U D G M E N T

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 21.8.2006 in
Criminal Appeal No. 152-DB of 2004, passed by the High Court of Punjab and
Haryana, whereby said appeal has been dismissed affirming the conviction
and sentence awarded against accused/appellant Raj Singh @ Raja, by
Sessions Judge, Sonepat, in Sessions Case No. 121 of 1999/2003 under
Sections 148, 302, 307, 323 read with Section 149 of Indian Penal Code
(IPC).
We have heard learned counsel for the parties and perused the papers on
record.
Brief facts of the case are that PW-4 Bhale Ram (complainant) owned shops
near bus stop of village Jagsi. In one of the shops liquor used to be
sold, and the other shops were being used as tea stalls by the
complainant’s son PW-10 Sanjay and nephew Rajesh (deceased). A vacant
piece of land adjoining the shops was also used by the complainant for
tethering the cattle in respect of which a civil litigation was going on
between him and Daya Kishan Bairagi (one of the accused).
On 30.11.1998 at about 7.00 p.m. when PW-10 Sanjay and Rajesh (deceased)
were in the shop, complainant’s daughters PW-11 Kamlesh and Meena were
unloading the paddy straw from a cart at the vacant piece of land. At that
point of time accused Kishan (son of Daya Kishan) came to the shop and
asked Sanjay to deliver some goods without payment of the price. On this,
a quarrel ensued and Kishan threatened Sanjay of dire consequences. He
left the shop and soon thereafter came back along with other accused,
namely, Pohla @ Sat Narain, Daya Kishan, Ajmer and the present appellant
Raj Singh @ Raja. Pohla @ Sat Narain was armed with gun, Ajmer was armed
with ‘Jaili’ and remaining three, namely, Daya Kishan, appellant Raj Singh
@ Raja and Kishan were armed with lathies. Pohla opened fire at Rajesh,
who fell down. In the meantime, complainant and his daughters Kamlesh and
Meena intervened to rescue Sanjay and Rajesh. Daya Kishan gave a blow with
lathi on the person of the complainant. Ajmer and Kishan also gave blows
with Jaili and lathi respectively on the complainant. Appellant Raj Singh
@ Raja said to have assaulted Kamlesh and Meena. On hearing the commotion,
PW-12 Ram Kishan and one Hoshiara also reached there. They rescued the
complainant from the accused, who left the place along with their weapons.
All the injured were taken to Community Health Centre, Gohana, wherefrom
they were referred by PW-21 Dr. S.S. Gupta to PGIMS, Rohtak, where Rajesh
was declared brought dead. Other injured were admitted in the hospital,
and underwent medical treatment. On next day at 7.30 a.m. police recorded
statement of PW-4 Bhale Ram (injured/complainant) and on its basis
registered First Information Report No. 224 on 1.12.1998 relating to
offences punishable under Sections 148, 149, 302, 307 and 323 IPC
PW-17 Inspector Ram Prakash conducted the investigation. He went to the
spot, prepared site plan (Ex. PS), collected blood-stained earth, and three
used cartridges. He also took dead body of Rajesh in his custody, and
prepared inquest report (Ex. PC). The body was sent in sealed condition
for post mortem examination. PW-3 Dr. Vimal Kumar Sharma conducted
autopsy. Meanwhile PW-14 Dr. Rajesh Saini prepared medico legal reports
(Exs. PL, PM, PN, PO and PP) in respect of injured Sanjay, Kamlesh, Kishni,
Meena and Bhale Ram, and also that of accused Daya Kishan (Ex. DA).
On completion of investigation, charge sheet was filed against accused
Pohla @ Sat Narain, Kishan, Ajmer, Raj Singh @ Raja and Daya Kishan for
their trial in respect of offences punishable under Sections 148, 302, 307
and 323 read with Section 149 IPC. Pohla @ Sat Narain was further charged
in respect of offence punishable under Section 27 Arms Act, 1959. The case
was committed to the Court of Session. On 25.5.1999, after hearing the
parties, the Sessions Judge framed charge in respect of above offences
against all the five accused to which they pleaded not guilty and claimed
to be tried.
It appears that during the trial when the accused were on bail, two except
Daya Kishan and Raj Singh @ Raja (present appellant) absconded. After the
stage of 313 of Code of Criminal Procedure (CrPC), appellant Raj Singh @
Raja also jumped the bail, and was declared proclaimed offender. As such,
trial of accused Daya Kishan was concluded vide judgment and order dated
19.1.2004, passed by the Sessions Judge, whereby said accused was convicted
and sentenced under Sections 148, 302, 307 and 323 read with Section 149
IPC.
Subsequently, when Raj Singh @ Raja (present appellant) was re-arrested,
his case proceeded further from the stage of 313 CrPC. In defence DW-1 Dr.
Gaurav Bhardwaj, DW-2 Bhan Singh, DW-3 Khazan Singh and DW-4 Dr. S.S. Gupta
were examined. Two doctors proved the injuries found on person of Daya
Kishan, suffered by him at the time of the incident. After hearing the
parties, the trial court (Sessions Judge, Sonepat), vide judgment and order
dated 10.10.2005 passed in Sessions Case No. 121 of 1999/2003, convicted
and sentenced accused Raj Singh @ Raja also, under Sections 148, 307 and
323 read with Section 149 IPC.
Convicts Daya Kishan and Raj Singh @ Raja filed Criminal Appeal Nos. 277-DB
of 2004 and 152-DB of 2006 respectively before the High Court. Both the
appeals were heard together and disposed of vide common judgment and order
dated 21.8.2006 whereby the two appeals were dismissed. Convict Daya
Kishan, through special leave, filed Criminal Appeal No. 879 of 2007 before
this Court, which was disposed of, vide judgment and order dated 22.4.2010.
Said appeal of Daya Kishan was partly allowed by this Court and his
conviction and sentence under Section 302 read with Section 149 IPC was set
aside. However, his conviction and sentence under Section 148 IPC and
under Sections 307 and 323 both read with Section 149 IPC was affirmed.
Said decision of this Court in Daya Kishan v. State of Haryana is reported
in (2010) 5 SCC 81.
It is relevant to mention here that this appeal, which is also filed by
another convict Raj Singh @ Raja in the year 2007 (through S.L.P. (Crl.)
No. 8281 of 2007) remained undisposed of. Both the appeals have arisen out
of the common order passed by the High Court. These relate to the same
incident. Prosecution evidence as against both the accused was recorded in
Sessions Case No. 121 of 1999/2003. Both the accused are said to have been
armed with lathies. Daya Kishan said to have assaulted Bhale Ram
(complainant) and the present appellant said to have assaulted PW-11
Kamlesh. Needless to say that Pohla @ Sat Narain said to have fired the
shot at Rajesh, who died of the injuries. This Court, in its judgment and
order dated 22.4.2010 in Criminal Appeal No. 879 of 2007 (filed by Daya
Kishan) has discussed that after the quarrel between PW-10 Sanjay and
accused Kishan, all the accused assembled to teach lesson to Sanjay. It is
discussed in the appeal decided by this Court that there was no common
object on the part of other members of the unlawful assembly with accused
Pohla @ Sat Narain to commit murder of Rajesh (deceased). The shot was
fired at him by Pohla. Role of the present appellant Raj Singh @ Raja and
that of Daya Kishan, both of whom were armed with lathies, is similar. As
such, the case of the present appellant is identical to the case of Daya
Kishan, already decided by this Court.
For the reasons, as discussed above, this appeal also deserves to be partly
allowed, for the reasons mentioned in Criminal Appeal No. 879 of 2007
decided by this Court on 22.4.2010.
Accordingly, in the light of decision in the appeal of co-accused Daya
Kishan, conviction and sentence of the appellant recorded by the trial
court in respect of offence punishable under Section 302 read with Section
149 IPC is set aside. He is acquitted of charge of offence punishable
under Section 302 read with Section 149 IPC. However, his conviction and
sentence in respect of other offences punishable under Section 148 IPC, and
under Sections 307 and 323 both read with Section 149 IPC are affirmed.
The appeal stands disposed of.

………………….....…………J.
[Dipak Misra]

.………………….……………J.
[Prafulla C. Pant]
New Delhi;
November 20, 2015.

Back to Judgments