STATE OF PUNJAB versus GINDER SINGH

Citation: [2009] 1 S.C.R. 891 · Decided: 03-02-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed
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Judgment (excerpt)

(2009] 1 S.C.R. 891 
-;.... 
STATE OF PUNJAB 
A 
v. 
GINDER SINGH 
(Criminal Appeal No. 502 of 2002) 
FEBRUARY 3, 2009 
B 
[DR. ARIJIT PASAYAT, V.S. SIRPURKAR AND ASOK 
..,. 
KUMAR GANGUL Y, JJ.] 
PENAL CODE, 1860: 
c 
ss. 302, 201 and 302134 - Murder of a person stated to 
have been caused by his second wife, son, son - in- law and 
another - Trial court convicting the wife and the son -
Acquittal by High Court - Held: There is no credible evidence 
to show involvement of the accused in the crime - Order of D 
acquittal calls for no interference. 
Informant's brother was alleged to have been killed 
by his wife, son, son-in-law and another person. The 
prosecution case was that there were differences 
between the deceased and his second wife, whom he 
E 
had given a beating. On the day of the incident, efforts 
were being made for settlement, but an altercation took 
place between the deceased and his son and the latter 
gave 'gandhali' blows on the head of his father; that the 
son-in-law, the second wife· of the victim and the other F 
person also joined in assaulting the victim, who 
succumbed to the injuries. The trial court convicted and 
sentenced the son u/ss 302 and 201 IPC. The wife of the 
deceased was convicted and sentenced uls 302134 IPC. 
The other accused were acquitted. The High Court G 
allowed the appeal of the convicts and dismissed that of 
~ 
the State against acquittal. 
In the petition under Article 136 of the Constitution 
of India filed by the State challenging the acquittal, the 
H 
891 
892 
SUPREME COURT REPORTS 
[2009) 1 S.C.R. 
A Court restricted notice so far as accused son was 
concerned, and dismissed the petition as regards the 
wife of the deceased. 
B 
Dismissing the appeal, the Court 
HELD: Even though it is accepted that there were 
two eye witnesses, one the brother of the deceased and 
the other a friend, and there was an attempt to protect the 
accused, there is no credible evidence to show 
involvement of the accused persons in the crime. That 
C being so, High Court's order of acquittal calls for no 
interference. [Para 9] [895-E-F] 
D 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal 
No. 502 of 2002. 
From the Judgment and Order dated 10.2.1999 of the High 
Court of Punjab and Haryana at Chandigarh in Criminal Appeal 
No. 308-DB of 1995 and 203-DBA of 1996. 
Gagan Deep Sharma, Ajay Pal and Kuldip Singh for the 
E Appellant. 
F 
G 
Vipin Gogia and Jaspreet Gogia for the Respondent. 
The Judgment of the Court was delivered by 
DR. ARIJIT PASAYAT, J. 1. The State of Punjab is in 
appeal against the judgment of the Punjab and Haryana High 
Court directing acquittal of the respondent who was convicted 
for alleged commission of offence punishable under Sec. 302 
and Sec. 201 of the Indian P~nal Code, 1860 (in short 'IPC'). 
2. The other accused Manjit Kaur was convicted for 
offences relatable to Sec.302 read with Sec.34 IPC and 201 
IPC. 
3. Learned Sessions Judge, Bathinda, directed acquittal 
H of Balbir Singh and Angrez Singh. The State questioned their 
STATE OF PUNJAB v. GINDER SINGH 
893 
[DR. ARIJIT PASAYAT, J.] 
acquittal in Criminal Appeal No. 203-DBA of 1996 which was 
A 
dismissed by the High Court. The two convicted accused 
persons also filed Crl. Appeal No.308-08 of 1995 before the 
High Court. 
4. While issuing notice on 25/1/2002 this Court had 
B 
dismissed the petition qua Manjit Kaur, Balbir Singh and 
Angrez Singh and restricted the notice so far as the present 
+ 
respondent Ginder Singh is concerned. 
5. The background facts as projected by the prosecution 
is as follows: 
c 
6. First Information Report with regard to murder of Bant 
Singh (hereinafter referred to as 'deceased') was lodged by 
his brother Maghar Singh on 21.5.1994 at 5.10 a.m., which 
was recorded by S.I. Piara Singh P.W.-5. Maghar Singh in his 
D 
statement made before S.I. Piara Singh stated that he was 
resident of village Mansa Khurd. They were seven brothers 
eldest being Sant Singh who was residing at village Bhagi 
Bander for the last 3 years. First marriage was solemnized with 
Jangir Kaur and second marriage (kareva) was performed with 
E 
accused Manjit Kaur. His first wife Jangir Kaur gave birth to 
two sons and one daughter. Out of them, eldest was Amarjit 
Kaur, whereas younger to her was Balbir Singh and youngest 
to all was Jaswinder Singh. Amarjit Kaur was married with 
Nidhan Singh at Bathinda and Jaswinder Singh was also 
F 
doing labour work at Bathinda. Manjit Kaur ga
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