REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1464 OF 2003
JABAR SINGH
.. APPELLANT(S)
vs.
STATE OF M.P.
.. RESPONDENT(S)
O
RDER
This is a statutory appeal challenging the order of
the High Court whereby the appellant has been convicted and
sentenced to imprisonment for life for the offence
punishable under Section 302 of the IPC.
As per the prosecution story one Badan Singh, a
cousin of Sarnam Singh (deceased in the present case) had
been murdered about 25 years ago whereafter Inder Singh and
Ramjit Singh, sons of Badan Singh had sold their land to
the deceased and had left the village. The house of Badan
Singh was also being occupied by Sarnam Singh. The
relatives of Badan Singh suspected that one Kedar Singh was
responsible for his death. On 11th November, 1984, the dead
body of Kedar Singh was seen floating in the canal and the
accused in the present matter suspected that Sarnam Singh
and some others connected with him were responsible for his
death. On 13th November, 1984 at about 8 or 9 P.M. the
accused, all armed with fire arms, entered the house of
Sarnam Singh whereafter Jabar Singh, the appellant herein,
fired a shot at him which hit him on the navel and exited
from the right buttock. Sarnam Singh, grievously injured,
managed to run away towards his fields where he fell down.
The other accused remained standing on the Chabutra and
continued firing at Sarnam Singh though no shot hit him.
Sarnam Singh was removed on a Bullock cart to police
station Mehgaon by Sultan (PW.2), Umed Singh (PW.5),
Munnalal (PW.1), shiv Narayan (PW.8) and Chhote Singh
(PW.10) where Sarnam Singh himself lodged the FIR at 0.45
hours on 14th November, 1984. Dr. F.C.Bansal (PW.4) also
examined Sarnam Singh and noted several injuries on his
person. He also arranged for the recording of his dying
declaration on which Amrish Shrivastava (PW.15) an
Executive Magistrate, was deputed and he recorded the dying
declaration (Ex.P.12). Sarnam Singh was also referred to
the Gwalior Hospital where Dr. C.S.Jaiswal (PW.16) recorded
another dying declaration (Ex.P.13).
Sarnam Singh
succumbed to his injuries on 28th November, 1984 where after
his dead body was subjected to a post-mortem by Dr. R.C.
Upadhyaya (PW.14).
The Trial Court on a perusal of the evidence as also
the four dying declarations referred to above held that the
accused had not been properly identified and as there
appeared to be long enmity between the parties, the
possibility of false implication could not be ruled out.
The accused were accordingly acquitted.
The State of Madhya Pradesh thereafter filed an
appeal in the High Court. The High Court maintained the
acquittal of four of the accused but reversed the judgment
of the Trial Court with respect to Jabar Singh and
convicted him under Section 302 IPC and sentenced him to
imprisonment for life.
This appeal has been filed by Jabar Singh impugning
the judgment of the High Court.
We have heard the learned counsel for the parties
very carefully and gone through the record. We are of the
opinion that no fault could be found with the conviction of
the appellant. In the light of the eye witnesses' account
of several persons including the wife of the deceased and
the four dying declarations recorded at the instance of the
deceased before several independent persons including an
Executive Magistrate, we have no hesitation in upholding
the conviction of the appellant.
Mr. Lakhan Singh Chauhan, the learned counsel for
the appellant, has however argued that in the light of the
medical evidence it was apparent that a case of murder was
not spelt out. He has highlighted that the incident had
happened on 13th November, 1984 and the injured Sarnam
Singh had died after 14 days thereafter and it was clear
from the medical evidence of Dr. Bansal (PW.4) and Dr.
Upadhayay (PW.14) that the gun shot injuries were not
the immediate cause of his death and he had died due to
peritonitis which could not be attributed to the gun shot
injury as it had set in on account of improper care and
handling by the attendants and the hospital staff. Dr.
Bansal who examined Sarnam Singh on 14th November, 1984,
specifically stated that the injury suffered by Sarnam
Singh was not fatal to life. Dr. Upadhayay was equally
categoric when he said that the death would ordinarily not
have been caused as the deceased had died due to lack of
care by the attendants of the deceased and as he had not
been properly treated in the hospital. He also admitted
that in the postmortem report he had no where observed
that the gun shot injuries suffered by the deceased would
have cause his death in the normal course of nature. In
this view of the matter we are of the opinion that a case
under Section 302 cannot be spelt out against the appellant
and he would at the most be liable for conviction under
Sec.326 of the IPC. We accordingly modify his conviction
from Section 302 of the IPC to one under Section 326 of the
IPC and impose a sentence of R.I. of five years and a fine
of Rs.5,000/- and in default of payment of fine, to six
months R.I.
The appeal is allowed to the above extent.
The appellant is on bail in view of the orders of
this Court. His bail bonds are revoked. He shall to be
taken into custody forthwith, to serve out his sentence.
.................J.
(HARJIT SINGH BEDI)
.................J.
(C.K. PRASAD)
New Delhi,
August 12, 2010.