LexSTATE OF HARYANA versus GURDIAL SINGH AND PARGAT SINGH
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A B c D E F G STATE OF HARYANA v. GURDIAL SINGH AND PARGAT SINGH March 19, 1974. [H. R. KHANNA AND P. K. GOSWAMI, JJ.) 657 Indian Penal Cocle-Sec. 302 read with Ser. 34-Two contradictory versions pre.r,nted by-prosecuti1Jn-Bene/it of doubt must go to 1/ie accused. P & G were convicted u/s. 302 and· were sentenced to death, The High Court set aside the convictions of both the accused and acquitted them. The State has filed the present appeals against the acquittal of the 2, accused by special leave. The prosecution case is that on account of a family feud, the deceased was mur~ dered by one P. with a double-barrel gun, in front of one A, the widow of a rich landlord. The trial court accepted the prosecution version of occurrence and relied upon the evidence of A which was corroborated by the youngest son and the dau$ht~r. that P, was hoJdina: a gun etc. and he was convicted along with G, _an associate. On appeal 1 the High Cvurt found that the F.I.R. was recorded subsequently after due deliberation and consultation. The High Court also fOund that the wit- nenes, relied on by the trial court had supported another version .of the occurrence. It was found that an attempt had been made to improve upon the story with a vieW to save D, tho eldest Son of the landlord. The High Court, therefore, set aside the conviction of the accused and a~quitted them. Dismissing the appeal, · HELD : In the present ~ase, the prosecution witnesses hiive come out with two iDCODSis.tent versions of the occurrence. One version of.the occurrence is contained in the evidence of the witnesses in Court, while the other version is contained in their statements made before the police. According to the version given before the Court, it was P, who shot dead the deceased while according to other version, it was G of villqe Ramana, who was responsible for the crime. Again, according to the version given in Court, the occurrence was witne§Cd by A. As against that, the version con-· ~ in the police statement was that A had not witnessed the occurrence. Jn · v~ of these contradictory versions, the High Court _rightly set aside the conviction and there is no groul'!d for interference by this Court in the present appeal. (6648-D] . · CRIMINAL APPELLATE JURISDICTION : Criminal Appeals Nos. I & 2 of 1971. Appeals by special leave from the judgment and order dated the 13th May 1970 of the Punjab arid Haryana High Court in Criminal Appeals Nos. 170 and 201 of 1970. · Janarda~ Sharma and R. N. Sachthey, for the appellant. · Nurutldin Ahmed and U. P. Singh, for the respondents. The Judgment of the Court was delivered by 'H KHANNA; J. Pargat Singh (31) of village Taraori was convicted by learned Sessions Judge Kamal under sl:ction 302 Indian Penal Code .and was sentenced to death. Gurdial Singh (35) of village Ramana was 658 SUPREME COURT REPORTS i l 974] 3 S.C.R. also tried along with Pargat Singh and was convicted under section 302 read with section 34 Indian Penal Code. He too was sentenced to death. On appeal and reference the Punjab and Haryana High Court set aside the conviction of both the accused and acquitted them. The State of Haryana has filed these appeals against the acquittal of the two accused by special leave. The prosecution also filed charge sheet against Gurdia:t !;ingh of village Taraori, a brother of Pargat Singh accused, but as he was found to be insane, the committing magistrate directed. that his case be separated and a separate challan be filed against him. The said Gurdial Singh of village Taraori was, in the meanwhile, directed to be sent to the hospital for his treatment. The prosecution case is that Avtar Kaur (PW 3) was married about 33 years ago to Gurinder Singh of village Shamgarh. 'Gurinder Singh was one of the biggest landlords of Kamal district and belonged to a family of Chiefs. About four years after the marriage, Lal Singh, who was aged 65 or 70 years at the time of the present occurrence, was brought by Gurinder Singh to reside with him in Shamgarh. Lal Singh was previously in the service of the mother of Avtar Kaur. Lal Singh was respected like a Guru and was known as Dadaji. Gurinder Singh 'used to consult Lal Singh deceased with regard to his affairs and generally acted upon the advice of Lal Singh. When a ceiling on lands·was imposed, Gurinder Singh, with a view to save some land and prevent its being declared surplus, transferre
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