DILBAGH SINGH versus STATE OF PUNJAB

Citation: [2008] 9 S.C.R. 923 · Decided: 27-05-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Judgment (excerpt)

[2008] 9 S.C.R. 923 
DILBAGH SINGH 
A 
\/. 
STATE OF PUNJAB 
(Criminal Appeal No.477 of 2007) 
MAY 27, 2008 
B 
[S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.] 
-~ 
Penal Code, 1860 - s. 3021382 - Accused persons armed 
with deadly fire arms attacked deceased - Fatal gun shot inju-
ries caused to deceased - Motive being enmity between the c 
parties - Conviction u/s 3021382 and s. 5 of TADA - Justifica-
-· 
tion of - Held: Conviction was based upon proper appreciation 
of evidence on record- Evidence of eye-witnesses even thought 
related to deceased, was trustworthy and free from any doubt-
Gun shot injuries were sufficient to cause death in the ordinary 
D 
course of nature - Thus, conviction justified - Terrorist and Dis-
" 
ruptive Activities (Prevention) Act, 1987 - s. 5 - Evidence. 
According to the prosecution case, on the fateful day, 
when P.W.7-complainant and JG were returning to their 
house from their fields, the appellant along with JB and 
E 
an unknown accomplice armed with fire arms suddenly 
came there. At that time, the complainant was armed with 
.303 bore riferand JG was armed with 7.62 bore rifer, which 
were provided to them by the Government for their pro-
tection against terrorists activities in the area. Appellant 
and JB opened fire on JG as a result JG fell down. The 
F 
unknown accomplice picked up the rifle of JG and shot 
at JG who died on the spot. PW.7 took shelter by the side 
of the water channel and opened fire in the air to scare 
the accused. After sometime the accused stopped firing 
and fled away. Accused took away the rifle of JG. The com-
G 
plainant rushed to the place where JG was lying dead. 
P.W. 4-father of JG witnessed the entire incident from his 
house and rushed to the scene of occurrence. According 
to the complainant, thP motive behind the murder of JG 
923 
H 
924 
SUPREME COURT REPORTS 
(2008) 9 S.C.R. 
A was that that JG was member of extremist activities with 
the accused and had abandoned the extremist activities 
• 
and got married whereas the accused wanted JG to join 
their extremist activities, but he refused to do so. The com-
plaint was lodged. The investigation was carried out. The 
B Investigation Officer took into possession the blood-
stained earth; two empty cartridges of 7.62 bore; 20 empty 
cartridges of AK-47 rifle and 7 empty cartridges of .303 
bore near the dead body. All the articles were packed and 
sealed and were deposited with the P.W. 12-MHC. The 
blood-stained earth was sent to the Chemical Examiner 
c whereas empty cartridges were sent to Forensic Science 
Laboratory. The doctor conducted the post mortem. The 
accused JB and the unknown accomplice were killed in 
the police encounter. The appellant was arrested. The 
prosecution witnesses as also defence witnesses were 
D examined. The Additional Judge convicted and sentenced 
the appellant for offences punishable u/s. 302/382 IPC and 
s. 5 of the Terrorists and Disruptive Activities (Prevention) 
.. 
Act, 1987. Hence the present appeal. 
Dismissing the appeal, the Court 
E 
HELD: 1.1 In the light of the evidence, the evaluation 
of the findings recorded by the trial court does not suffer 
from manifest error and improper appreciation of evidence 
on record warranting any interference in this appeal. [Para 
F 
21) [936-F,G] 
1.2 On independent scrutiny of the entire evidence 
produced on record, more particularly the testimony of 
P.W.4-father and P.W.7-brother of the deceased, it stands 
fully proved that on 9.5.1992, around 7.00 p.m., P.W.7 and 
G the deceased were returning to their house after doing 
routine agricultural pursuits in the fields, the appellant 
along with JG and one more unknown accomplice armed 
with fire arms suddenly came and stood in front of them 
near the chowk located near their house and opened fire 
at JG and shot him dead. The evidence of the eye wit-
H nesses could not be shattered by the prosecution and 
DILBAGH SINGH v. STATE OF PUNJAB 
925 
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J. 
their evidence has been found trustworthy, reliable and A 
free from any doubt. [Para 15] [932-F,G, 933-D] 
1.3 It is found that PWs 4 and 7 are the truthful wit-
nesses who helplessly witnessed the crime from the close 
range but could not help the deceased because of the 
sudden attack on him by the accused who were three in B 
number with deadly fire arms. P.W.7 fortunately protected 
himself by taking shelter by the side of the water channel 
as he could not take proper position and target the as-
sailants with

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