LexRAVINDER SINGH versus STATE OF HARYANA
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:B c D E F G Ii RA VINDER SINGH v. STATE OF HARYANA Februflfy 7, 1975 [V. R. KRISHNA IYER, P. K. GOSWAMI AND R. S. SAllAIUA, JJ.] Criminal· Trial-Statement of the approver-Appro:ver's evidenu to be tested by the touchstoM of independent credible evidence. . Criminql Tria/-lssue-Estoppel-Parties and facts-in.Jissue to be the same m both f(za/3-A.pprovers statement not materially corroborated by other evi- den~e, against an 11ccused 'In anothe~ trial-Cimviction, if could be based on the testimony. of the same apyrover azamst another accused in a difierent triai. The case of the 'prosecution is that the appellant who was married to Bimla was employ~d in the Air Force Department at Sirsa. Durina his stay at Sirsa, when his ~1f.e .was not there, he developed intimacy with a aifl, Balbir' Kaur, who was .ms1stin~ on. marnaee, which however, the appellant posing to be a bachelor was putuns o!T holdma out hopes to her. The appellant and the Jasbir Jnder Singh (approver) who was his friend, want on two months' leave. When the appellant and the approver went to brine Bimla back from her father's house at Komt1, the appellant asked his wife that she should a11ree to a div01ce, but she would not. .·· The appellant used to say that he would finish his wife c·ne day. On July, 29, 1968, Bhanu Prakash, cousin of the appellant went to the house of the appellant. On the same day the approver alsc returned from Lucknow. On July 30, the accused told the approver in the presence of Bhanu Prakash Singh. that he would kill his wife that day. He replied that he had brought acid with him and it would help in expediting her death. On July 30, 1969, the appellant, his wife Bimla, his brother Satinder Kumar, the approver dnd Bhanu Prakash Singh left for Sirsa bv train from Sasni Rai!w~y Station which is· at a distance of four or five miles from KOiari. After leaving Sasni at 12 Noon, they arrived at Delhi Railway Station at 6.30 P.M. and changed for Bhatinda Railway Station. T: ~y reached Rewari Railway Station at about 10.30 P.M. At Rewari their bogie was attached to the train bound for Srlsa· Bhatinda. When the train left Rewari at l.15 A.M. on Tuly 31, 1968, there WM no other passenger in the compartment except the above five persons. The train stoppect for some time at the next Railway Station. When it aeain started. the accused threw his wife :Simla on .the ftoor .if the compartment by catching bold of her by the neck. When she fell down in the compartment the approver ca\lght hold of her by the feet and Bhanu , Prakash Singh "threw acid in her mouth". Satinder Kumar did not take any · part: The accused removed the pazebs from her feet and gold jumlas from her .ears. The accused threw Bimla from the running train in between the first and the second railway sta.tions beyond Rewari. Some acid drops fell on the hands of the accused and Bhanu Prakash Singh and on their pants and lln the accused's shirt. When the train reached Bhiwani the accused got down for purchasing two tickets f6r Bhaiiu Pral:ub Singh and ~tinder Kumar, but the Ticket <;:ol· lector, Ragbbir Singh (PW 29) detained hiln and he missed the train. Three of the aforesaili company reached Sirsa at 9.00 A.M. on July 31, 19G8. When asked about the accused, the approver told Baosi Lal (PW 25) and Yudhishter Kumar' (PW 26) that the accused had missed the train at Bhiwani and would be coming by the next train. The accused arrived at Sirsa 11t 1.30 P.M. on July 31 . Bhanu Park:uh Singh left for Aligarh in the evening ot August 1. The accused and the approver resumed their duties at the Air Forllll Station on August 2. 1968. Bimla who had been thirown from the running train waa ricled up, si:mi conscious, by Udmi (J'W 10) and another person from !l railway tr.ack betwee!1 Tatusana and Kosli Railway Stations, and taken to Railway HospttGI, Rewan, Where Doctor (Miss) K: Dass (PW 3) and Miss V. K. Sharma, Nurse (PW 2) 454 SUPREME. COURT REPORTS [ 197 5] 3 s.c.R. attended upon her: Shi: could speak out a little before Mi•s Sharma, g:ave her A name as B11nla, wife of the accused and daughter of Narain Smi:h, and indicated that she was travelling wiih her hmband by train. She wai; later Sl:nt to 1he Civil Hospital, Rewari, whm: she was received by Dr. Manocha (PW 1). She was not in a position to ma:k.e a statement at the Civil Ho•p:tal and she expired at g,45 P.M. on July 31, 19_68. The appellant husband being Ch
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