2011 (7) TMI 1387 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction and sentencing of the appellants under Sections 302 and 307 read with Section 149 of the IPC.
2. Delay in lodging the FIR and sending it to the Magistrate.
3. Contradiction between medical and ocular evidence.
4. Non-examination of independent witnesses.
5. Reversal of acquittal by the High Court.
6. Self-defense claim by the appellant Joga Singh.

Detailed Analysis:

1. Conviction and Sentencing under Sections 302 and 307 read with Section 149 IPC:
The High Court affirmed the Sessions Court's conviction of Joga Singh, Mukhtiar Singh, and Nishabar Singh under Sections 302 and 307 read with Section 149 IPC, sentencing them to life imprisonment and a fine of Rs. 10,000. The High Court also convicted Bhajan Singh, Puran Singh, and Gurdeep Singh, who were acquitted by the trial court, awarding them the same sentences.

2. Delay in Lodging the FIR and Sending it to the Magistrate:
The occurrence took place at 5 PM on 6.11.2002, and the FIR was lodged shortly thereafter. The special report was received by the Ilaqa Magistrate at 10:45 PM on the same day. The court concluded that there was no delay in lodging the FIR or sending it to the Magistrate, as the complainant had to manage the situation, including taking the injured to the hospital.

3. Contradiction between Medical and Ocular Evidence:
The court found no significant contradiction between the medical and ocular evidence. The testimonies of Trilok Singh (PW.9) and Ajaib Singh (PW.10) corroborated the medical reports. The injuries described by the witnesses matched the medical findings, and the court emphasized the reliability of the injured witness's testimony.

4. Non-Examination of Independent Witnesses:
The court noted that in such a serious case, it is natural for neighbors to avoid involvement. The defense did not question the Investigating Officer about the absence of independent witnesses, and the court found the evidence of the related witnesses trustworthy after careful scrutiny.

5. Reversal of Acquittal by the High Court:
The High Court reversed the trial court's acquittal of Bhajan Singh, Puran Singh, and Gurdeep Singh, finding the trial court's judgment perverse. The High Court held that the common object of the accused was evident, and all six were liable for the deaths and injuries under Section 149 IPC. The appellate court's interference was justified as the trial court had ignored reliable direct evidence.

6. Self-Defense Claim by Joga Singh:
Joga Singh's claim of self-defense was rejected as improbable. The High Court observed that he could not have suspected any sinister design by the complainant party when initially called from his house. The court found no merit in the self-defense argument.

Conclusion:
The Supreme Court dismissed the appeals, affirming the High Court's judgment in its entirety. The appellants Bhajan Singh, Puran Singh, and Gurdeep Singh, who were on bail, were directed to surrender within two weeks, failing which the Chief Judicial Magistrate, Jind, was instructed to take them into custody. The court emphasized the reliability of the injured witness's testimony and found no significant discrepancies in the evidence presented.