LexBALWAN SINGH AND ORS. versus STATE OF HARYANA
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A B [2014) 9 S.C.R. 454 BALWAN SINGH AND ORS. v. STATE OF HARYANA (Criminal Appeal No. 1842 of 2014) AUGUST 26, 2014 / [T.S. THAKUR, C. NAGAPPAN AND ADARSH KUMAR GOEL, JJ.] Penal Code, 1860 - s. 302 rlw s. 149; s. 307 rlw s. 149; s. 449 C rlw s.149; s.148 and s.323 rlw s.149 - Assault launched by unlawful assembly armed with sharp edged weapons and fire- arms - Leading to death of one person and injuries to four others - Prosecution case based on the ocular testimony of PWs 4 and 5, who were daughter-in-law and daughter, D respectively, of the deceased - Conviction of appellants - Challenge to - Held: Testimonies of injured witnesses PW4 and PW5 were natural, cogent and trustworthy and non- examination of the other two injured witnesses did not, in any way, affect the prosecution case - PWs 4 and 5 categorically E testified about the brutal attack made by the appellants on victims by describing their overt acts during the occurrence - Both of them were rustic women and not tutored witnesses - In the facts of the case, it could not be said that FIR came into being after deliberation - The Investigation Officer PW18 .F Sub-Inspector seized blood stained earth from the occurrence place and that cfjnched the situs of the crime - There was also motive for the occurrence - The appellants nurtured a grudge against the victims on account of murder of a person belonging to their party and one of the family members of the G complainant side was involv.ed in the said murder and that culminated in the occurrence - However, on facts, the overt act attributed to appellant 'S', namely, attack on neck of the deceased with gandasa, was doubtful and his presence was not established and the benefit of doubt has to be given to H 454 BALWAN SINGH v. STATE OF HARYANA 455 him - But so far as the other appellants are concerned, the A prosecution version was consistent, namely, that they were armed with the lethal weapons and attacked the deceased and others and the conviction and sentences recorded by the Courts below were correct - Arms Act, 1959 - s. 25. Evidence - Witness - Injured witness - Appreciation of - B Held: The evidence of injurf)d witness, being a stamped witness, is accorded a special status in law - Injury to the witness is an inbuilt guarantee of his presence at the scene of the crime and because such a witness would not want to c let the actual assailant go unpunished. The prosecution case was that the accused- appellants and other accused armed with sharp edged weapons and fire arms launched assault which led to the death of one person and injuries to four others. The Trial D Court-convicted the appellants uls.302 r/w s.149 IPC; s.307 r/w "s.149 IPC; s.449 r/w s.149 IPC; s.148 IPC and s.323 r/w s.149 IPC and sentenced them each to undergo imprisonment for life. In addition, appellant 'N' was held guilty for the offence u/s. 25 of the Arms Act and E sentenced to undergo rigorous imprisonment for 2 years. The conviction was affirmed by the High Court. Hence the present appeals. Disposing of the appeals, the Court HELD: 1.1. The prosecution case is based on the ocular testimony of PW4 and PW5. They are the daughter-in-law and daughter, respectively, of deceased F 'B'. They have categorically testified about the brutal attack made by the appellants on victims by describing G their overt acts juring the occurrence. Both of them in their statements ·recorded during the investigation, as well as, in their testimonies have stated that electricity lights were on in the house, at the time of occurrence. Their presence in the house cannot be doubted and they H 456 SUPREry1E COURT REPORTS [2014] 9 S.C.R. A had no difficulty in identifying the assailants. Both of them sustained injuries and the grievously injured PW5 was admitted in the hospital at 3.25 a.m. itself. The medical evidence is available on record. The husband of PW4 and Smt. Phulla were also injured during the occurrence but B were not examined. The testimonies of injured witnesses PW4 and PW5 are natural, cogent and trustworthy and non-examination of the other two injured witnesses does not, in any way, affect the prosecution case. [Para 16] (464-B-E] c 1.2. It is trite law that the evidence of injured witness, being a stamped witness, is accorded a special status in law. This is as a consequence of the fact that injury to the witness is an inbuilt guarantee of his presence at the
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