LexPRITHIPAL SINGH ETC versus STATE OF PUNJAB & ANR. ETC.
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A B [2011) 14 (ADDL.) S.C.R. 862 PRITHIPAL SINGH ETC. v. STATE OF PUNJAB & ANR. ETC. (Criminal Appeal Nos. 523-527 of 2009) NOVEMBER 04, 2011 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Penal Code, 1860 - ss. 302134, 364134 and 20114 - Conviction and sentence under - Abduction and murder of C human right activist by police officials - Activist working on abduction and cremation of unclaimed/unidentified bodies during the disturbed period in Punjab - Senior Superintendent of Police and other police persons hatched conspiracy and abducted the activist - Activist kept under o illegal detention, killed and thereafter, thrown in a canal - No investigation carried out and whereabouts of the activi. not known - Writ petition filed by the wife of the activist - Supreme Court transferred investigation to CBI - Charges framed against the appellant and accused (police officials) - E Conviction of DSP and AS/ u/ss. 302134 and imposed life imprisonment and also convicted and sentenced u/ss. 120- 8, 364134 and 201134 - Conviction of four appellants u/ss. 120-8 and 364134 and sentenced· to RI for five years and seven years respectively - High Court acquitted AS/, F however, appeal by the appellants were dismissed - On revision filed by the wife of the activist, the High Court enhanced the sentence of four appellants from 7 years rigorous imprisonment to life imprisonment - Interference with - Held: It is vel}' difficult to get evidence against the policemen 'esponsible for custodial death - Court cannot be a silent G spectator where the facts warrant interference in order to serve the interest of justice - There was motive on behalf of the police department to kidnap and ultimately to eliminate him - Testimonies of the witnesses had been consistent with each H . 862 PRITHIPAL SINGH ETC. v. STATE OF PUNJAB & 863 ANR. 'ETC. other and they identified the accused correctly in the court - A Minor variation in the version from time to time is natural since the witnesses were threatened and implicated in false cases · ~ There is trustworthy evidence in respect of abduction of the activist as well as his illegal detention - Courts below found that accused/appellants abducted the activist - In such a s situation only accused could explain as to what happened to deceas~d and why his corpus delicti could not recovered - All the accused failed to explain any inculpating circumstance even in their respective statements u/s. 313 Cr.P.C. - Such a conduct provides for an additional link in the chain of c circumstances - Courts below rightly drew the presumption that the appellants were responsible for his abduction, illegal detention and murder - More so, accused could not establish plea of alibi - A/so, since the charges had been framed prior to the statements recorded by PW 16, trial court ought to have 0 altered the charges but it failed to do so - Thus, order of the High Court was justified. s.302134 - Person charged uls.302134, other accused persons stand acquitted - Effect of - Held: It is impossible to hold that accused shared the common intention with other co- E accused who is acquitted unless it is shown that some other unknown persons were a/so involved in the offence - Accused can be charged for being shared the common intention with another or others unknown, if either by direct evidence or by legitimate inference F Murder case - Corpus Delicti - Recovery of - Held: Conviction for offence of murder does not necessarily depend upon corpus delicti being found - Corpus delicti in a murder case has two components-death as result, and criminal G agency of another as the means - Where there is a direct proof of one, the other may be established by circumstantial evidence . . Constitution of India, 1950 - Articles 21 and 22 - Police H 864 SUPREME COURT REPORTS [2011] 14 (ADDL.) S.C.R. A atrocities, torture, custodial death and illegal detention - Protection of victim against - Held: State must ensure prohibition of torture, cruel, inhuman and degrading treatment to any person particularly at the hands of any State agency! police force - Such victims suffer enormous consequences B psychologically - If there is some material on record to reveal the police atrocities, the court must take stern action against the erring police officials in accordance in law. Code of Criminal Procedure, 1973 - s.386(e) - Scope C of - Power of High Court u/s. 386(e) to enhance the sent
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