1977 (2) TMI 136 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 302, IPC
2. Sentencing (Death vs. Life Imprisonment)
3. Credibility of Witnesses
4. FIR Timing and Dispatch
5. Medical Evidence vs. Ocular Evidence
6. Recovery of Empties and Guns
7. Non-examination of Certain Witnesses
8. Remand for Sentencing Procedure

Issue-wise Detailed Analysis:

1. Conviction under Section 302, IPC:
The appellants Nirpal Singh, Gurdev Singh, and Jagmohan Singh were convicted under Section 302, IPC, and sentenced to death. Appellants Devinder Singh and Maha Singh were also convicted under the same section but sentenced to life imprisonment. The High Court upheld these convictions and sentences, which were then contested in the Supreme Court.

2. Sentencing (Death vs. Life Imprisonment):
The Supreme Court noted that the Sessions Judge did not provide an opportunity to the accused to be heard on the question of sentencing separately, as required under Section 235(2) of the CrPC, 1973. Consequently, the death sentences for Nirpal Singh, Gurdev Singh, and Jagmohan Singh were set aside, and the matter was remitted to the Trial Court for fresh sentencing. The life sentences for Devinder Singh and Maha Singh were confirmed.

3. Credibility of Witnesses:
The central evidence against the accused consisted of testimonies from multiple witnesses, including PW-3 Sadhu Ram, PW-19 Gurdial Singh, PW-21 Inder Kaur, and PW-22 Rattan Singh. The Court found no reason to differ from the findings of the Sessions Judge and the High Court, which had found these witnesses credible. The Court also addressed the defense's argument that these witnesses were interested or unreliable, ultimately rejecting these claims.

4. FIR Timing and Dispatch:
The defense argued that the FIR was ante-timed. However, the Court found that the FIR was lodged at 7 PM on May 2, 1973, and dispatched promptly. The evidence of Kartar Singh, who delivered the FIR to the Deputy Superintendent of Police and the Ilaqa Magistrate, was found credible. The presence of the Deputy Superintendent of Police at the crime scene by 11 PM further corroborated the timely dispatch of the FIR.

5. Medical Evidence vs. Ocular Evidence:
The defense argued inconsistencies between the medical and ocular evidence. The Court noted minor discrepancies but found them insufficient to discredit the prosecution's case. The Court emphasized that in the chaos of the incident, exact details might be hard to recall, but the overall narrative was consistent and supported by medical findings.

6. Recovery of Empties and Guns:
The recovery of empties and guns was a significant point of contention. The Court found that the recovery of three empties on the night of the incident and seven more the next morning was credible. The recovery was mentioned in the inquest reports, and the testimonies of the Investigating Officer and witnesses like Gurdial Singh were found reliable. The guns recovered at the instance of Jagmohan Singh and Gurdev Singh were also deemed credible evidence.

7. Non-examination of Certain Witnesses:
The Court addressed the issue of non-examination of witnesses like Roop Singh and Sardara Singh, whose statements were included in the inquest reports. The Court held that the non-examination did not affect the credibility of the witnesses who were examined and found reliable by the lower courts.

8. Remand for Sentencing Procedure:
The Court remanded the case back to the Trial Court for fresh sentencing for Nirpal Singh, Gurdev Singh, and Jagmohan Singh, as the proper procedure under Section 235(2) of the CrPC, 1973, was not followed. The convictions were confirmed, but the sentences of death were set aside for a fresh hearing on the question of sentence.

Conclusion:
The Supreme Court upheld the convictions of all the appellants under Section 302, IPC. However, the death sentences for Nirpal Singh, Gurdev Singh, and Jagmohan Singh were set aside due to procedural lapses in sentencing, and their cases were remitted to the Trial Court for fresh sentencing. The life sentences for Devinder Singh and Maha Singh were confirmed. The Court found the evidence presented by the prosecution credible and dismissed the various contentions raised by the defense.