LexJUGRAJ versus STATE OF PUNJAB
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[2010] 4 S.C.R. 895 JUG RAJ v. STATE OF PUNJAB (Criminal Appeal No. 594 of 2005) JANUARY 27, 2010* [HARJIT SINGH BEDI AND A.K. PATNAIK, JJ.] Penal Code, 1860: A B s. 302134 - Murder - Four persons alleged to have shot c dead a local MLA - Convictio~f?Ytrial court - Acquittal by High Court of three of the accused ...:. Observation by High Court that medical evidence did not support prosecution case inasmuch as five incised injuries caused to deceased were inflicted at least two hours after his death and prosecution failed to explain these injuries - HELD: Out of four eye witnesses only two were examined - Presence of one of the D two witnesses examined seems to be doubtful .... There is delay in lodging FIR and despatch of special report - Story given by other eye-witness was concocted to explain the delay in lodging FIR - No reference of names of accused in FIR though one of the eye witnesses• claimed to have come to know their names during incident - In the circumstances, the best that can be said for the proseqution is that the matter was finally determined in the early hours of the following day and the FIR was thereafter lodged and then ante timed - This appears to be the import of the judgment of High Court as well - Besides, save for recovery of the gun, which was stated to have been made pursuant to statement of the appellant, E F the evidence with regard to all accused was identical - The evidence a~ to who fired the gun is ambivalent - Besides, the G gun did not belong to the appellant and was not despatched to Forensic Science Laboratory promptly - In the light of observations of High Court itself there seems to be uncertainty * Judgment Recd. on 12.5.2010 895 H 896 SUPREME COURT REPORTS [2010] 4 S.C.R. A with regard to the prosecution case - Cowts below have somewhat stretched credibility beyond a point which requires interference by this Court - Judgments of courts below set aside and appellant acquitted - Delay in lodging FIR and despatch of special report as also in despatch of crime B weapon to Forensic Science Laboratory ..., Evidence - Non- explanation of injuries on deceased caused two hours after his death. CRIMINAL APPELLATE JURISDICTION : Criminal C Appeal No. 594 of 2005. D E From the Judgment & Order dated 7.12.2004 of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 597 of 2002. WITH Criminal Appeal No.595 of 2005. Anurag Kishore, Abhinav Shrivastava and Kamakshi S. Mehlwal for the Appellant. Goodwill lndeevar anri Kuldeep Singh for the Respondent. The following Order of the Court was delivered ORDER F Criminal Appeal No. 594 of 2005 1. This appeal is directed against the judgment and order of the High Court of Punjab and Haryana dated 7th December, 2004 whereby the High Court has allowed the appeal of three G of the co-accused but has dismissed the appeal of the appellant. 2. The facts of the case are as under: 2.1. At about 9:00p.m. on the night of December, 1, 1996, H Bachhitter Singh, a former member of the Punjab Legislative JUGRAJ v. STATE OF PUNJAB 897 Assembly representing Kharar constituency was travelling in his A jeep on the Landran-Kharar Road along with Sadhu Singh - P.W. 2, .Narinder Singh P.W. 5, Gurmail Singh and one Ajit Singh Padiala. As they were passing by the warehouses at Landran, Bachhitter Singh told Narinder Singh P.W. 5 that as the bonnet of the jeep was loose, it should be properly fastened.· B On this Narinder Singh stopped the jeep and locked the bonnet and then returned to his seat when a Maruti car carrying four persons reached there. The driver of the car remained seated in the car with the engine on but the three passengers, all Sikh boys 20-25 years of age got out. Of the three persons one of C them was armed with a .12 bore gun and the other two were armed with naked kripans. One of the boys who was armed with naked kripan got hold of Narinder Singh P.W. by his neck and thereaner gave two blows to Bachhitter Singh on his right flank. The second person started grappling with Bachhitter D Singh on which the latter stumbled and fell down. The third person who was armed with a shot gun then fired a shot ihto the chest and arm of Bachhitter Singh. The assailants then broke the headlights of the jeep and drove away in their Maruti car. Sadhu Singh P.W. 2 accompanied by Ajit Singh left the E site of the incident leaving Narinder Singh and
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