LexKARAN SINGH versus STATE OF HARYANA AND ANR.
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A B [2013] 5 S.C.R. 1166 KARAN SINGH v. STATE OF HARYANA AND ANR. (Criminal Appeal No. 1474 of 2010) MAY 28, 2013 [DR. B.S. CHAUHAN AND DIPAK MISRA, .JJ.] Penal Code, 1860 - s.302 - Murder - Conviction by courts below - Held: Consistent versions by the material C witnesses regarding motive for murder - Prosecution case also supported by independent witness - There was no reason to falsely implicate the accused who was an influential person -conviction upheld. D Investigation : Tainted investigation - Effect - Held: Tainted investigation leads to miscarriage of criminal justice, and thus deprives a man of his fundamental rights guaranteed under Article 21 of the Constitution :.. Every investigation must be E judicious, fair transparent and expeditious to ensure compliance with the rules of law as required under Articles 19, 20 and 21 of the Constitution - Constitution of India, 1950 - Articles, 19, 20 and 21. F G H Tainted investigation - Effect of - On prosecution case - Held: Every discrepancy in investigation does not result in acquittal unless proved that it was dishonest or guided investigation or seriously prejudiced the defence of the accused. The appellant accused was prosecuted for killing a woman. The prosecution case was that when PW-3 was irrigating her agricultural fields alongwith her daughter PW-4, she heard cries of her daughter (the deceased). 1166 KARAN SINGH v. STATE OF HARYANA 1167 She saw that appellant alongwith co-accused had put a A rope around the neck of the deceased and was dragging her in the field; and that the appellant had certain dispute with the deceased regarding non-payment of Rs. 47000/ - by the appellant as consideration, for the sale of a bufallo. Charge-sheet was filed against the appellant and B the co-accused was declared proclaimed offender. Trial court convicted the appellant-accused under s. 302 IPC, sentenced him to imprisonment for life and imposed fine of Rs. 25000/- with default clause. High C Court upheld the conviction and sentence. Hence, the present appeal. Dismissing the appeal, "the Court HELD: 1.1. Consistent versions have been provided 0 by the material witnesses regarding the non-payment of the sum of Rs.47,000/- as sale consideration for the sale of a buffalo, by the appellant. This version of events also fully stands established by the evidence provided by PW.3 and PW.4. No attempt was made by the defence to E falsify the allegation of the non-payment of the sum of Rs.47,000/-. It also stands established from the material F on record, that there had been an altercation between the appellant and the deceased 2-3 days before the incident, and the appellant had threatened the deceased with dire consequences. Such version of events stands further fortified, by the evidence of PW.8, who is an independent witness. None of the witnesses have been properly cross- examined by the defence. Both the courts though have expressed their anguish regarding the manner in which the investigation was conducted, they have convicted G the appellant for the offence punishable under Section 302 IPC, and have awarded appropriate sentences. [Paras 6 to 8] [1175-D, F, G; 1176-B•C] 1.2. The presence of PWs 3 and 4 in the field cannot H 1168 SUPREME COURT REPORTS [2013] 5 S.C.R. A be doubted, as it is usual for every agriculturist to carry out the task of irrigation, whenever his/her turn for irrigation arises. The defence had not asked PWs. 3 and 4 to furnish any further details regarding the cultivation of the land, in relation to the terms and conditions of the B Batai, and also regarding who's duty it was to irrigate the land, and what the source and means of irrigation were. [Para 9) [1176-E-F] 1.3. The courts below rightly held that there was no reason for the false implication of the accused, who being C the Sarpanch of the village was an influential person; that PW.8 was an independent witness and there was no ground to disregard his testimony; and that Abadi was at some distance from the place of occurrence and hence, the hue and cry raised by the deceased, and D subsequently by PW.3, could not have attracted the attention of any person. [Para 17) [1181-B-D] 1.4. Other theories introduced by the defence are liable to be rejected. Their stating that the deceased had E been a woman of easy virtue, her having illicit relationships with a large number of persons; humiliation of her
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