LexPARGAN SINGH versus STATE OF PUNJAB & ANR.
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[2014] 7 S.C.R. 651 PARGAN SINGH V. STATE OF PUNJAB & ANR. (Criminal Appeal No. 47 OF 2014) SEPTEMBER 05, 2014 [J. CHELAMESWAR AND A.K. SIKRI, JJ.] A B Penal Code, 1860: ss.302, 307, 397 /PC rlw s. 34 - Murder of one and grievous injury to another - Appellants apprehended 7 years after the incident in which allegedly they C fired a shot at victim-deceased and snatched a money bag from him and also fired at PW-2 when he tried to stop him and thereafter fled away - The gun shot injury led to death of victim-deceased - Conviction based on evidence of PW-2 and PW-3 - Held: PW-2 and PW-3 were eyewitnesses and D narrated the incident in unison and· their v;ersion was almost the same - The incident had lasted for 9(1 seconds - The argument raised that it was difficult t~ remember th~ faces of the accused persons after 7Y2 year4 of incident particularly in - the absence of previous acquain(ance not tenable as the E assailants shot dead the companion of PW-2 and also fired I at PW-2 and for PW-2 it was horror scene resulting in traumatic experience - The circumstances in which PW-2 saw appellants even for 90 seconds was sufficient to absorb their faces - The evidence of eye witnesses were found to be credible and was sufficient to uphold the conviction of the appellants. The prosecution case was that on 25.03.1999, PW-3- complainant and the victim-deceased withdrew a sum of F Rs. 4 lakhs from the bank. While they were coming to G their office in their respective two wheelers, two sikh gentlemen came on scooter and fired at the victim- deceased and snatched the money bag. When PW-2 tried to stop them, he was also shot. The assailants fled away. 651 652 SUPREME COURT REPORTS [2014] 7 S.C.R. A When police reached the spot, they found the dead body of the victim-deceased. The injured was taken to hospital. The police tried to trace the culprits but was unsuccessful for number of years. After 7 years, the Investigating Officer received information that the two accused-appellants s were actually the person who had committed the said crime. Both the appellants were arrested. The appellants declined to take part in Identification Parade. The trial court convicted them under sections 302, 307, 397 IPC read with Section :i4, IPC. The High Court upheld the c same. The instant appeals were filed challenging the order of the High Court. Dismissing the appeals, the Court HELD: 1. PW-2 and PW-3 stated to be the eye- D witnesses narrated the incident in unison and their version was almost the same. PW-2, who was the injured witness, had even in his cross-examination, narrated that deceased was attacked first by the accused and after firing the shot at him, the accused fired at PW-2 and, E thereafter, they fled with the bag of money. The occurrence lasted for 1% minutes. He had further stated that few seconds after the receipt of injury, he became unconscious and regafoed consciousness after 4 days of receipt of the injury. The testimony of this witness was F sought to be discredited by arguing that when the incident lasted for only 90 seconds, it was difficult to remember the faces of the accused persons after 7% years of th"e incident, particularly in the absence of previous acquaintance. [Para 14] [662-E-G] G 2. Keeping in view the nature of incident, 90-seconds H was too long a period which could enable the eye- witness (PW-2) to watch the accused persons and such a horrible experience would not be easily forgotten. Death of a friend and near death experience by the PARGAN SINGH v. STATE OF PUNJAB 653 . witness himself would be etched in the memory for long. A Therefore, faces of accused persons would not have been forgotten even after 7% years. Whether a particular event or the faces of a person could be remembered would depend upon the circumstances under which those faces are seen. One cannot lose sight of the fact B that here is a case where the two accused persons are the assailants who had shot dead companion of PW-2. Thereafter, they had fired at PW-2 as well. For PW~2, it was clearly a horror scene resulting into traumatic experience. In a case like this, even when these two c assailants had remained before his face for 90 seconds, these 90 seconds was sufficiently long time to observe them closely and the person encountering such lcin event would not forget those faces even for a life time, what to talk for 7% years that have elapsed in b
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