LexSUKHBIR SINGH AND ANR. versus STATE OF PUNJAB
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[2011] 3 S.C.R. 581 SUKHBIR SINGH AND ANR. v. STATE OF PUNJAB (Criminal Appeal No. 1198 of 2007) JANUARY 27, 2011 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860: s. 302 r. w. s. 149 ands. 120-8 - Murder A 8 - Dispute over school land between the victim-deceased and C his son on one hand and the accused on the other - Deceased was the village sarpanch - FIR described that two sikh youths aged 25130 wearing kurta pajamas came to the house of deceased carrying rifles and asked him to settle the dispute over school land - Deceased was taken from his o house by them - The /ambardar and the member of panchayat were also taken - Son of the deceased followed them - The two sikh youths in the presence of other accused fired at the deceased resulting in his death - FIR recorded after 8 hours - Appellants arrested after 6 months of incident E and identified for the first time in court by son of the deceased as those two sikh youths - Conviction of appellants uls.302 r. w. s. 120-8 - High Court upheld the conviction - On appeal, held: The physical description of the appellants given in FIR would fit millions of youth in Punjab and could not by itself F pin the murder on them - Prosecution did not come out how the investigation led to their identification as the primary assailants - The sub-inspector who arrested the appellants was not examined - There was substantial improvement in the statement made by son of deceased in court vis-a-vis G statement made before the police - No threat was ever received by the deceased from appellants prior to the incident - Statement of /ambardar was uncertain and he also made very substantial improvements in his evidence - The 581 H 582 SUPREME COURT REPORTS [2011] 3 S.C.R. A appellants were not properly identified and, therefore, their involvement is ruled out. 8 c Dana Yadav v. State of Bihar (2002) 7 SCC 295; Ramesh v. State of Kamataka 2009 (15) SCC 35 - relied on. Malkhansingh and Ors. v. State of M.P. 2003 (5) SCC 746 - distinguished. Case Law Reference: (2002) 1 sec 295 2009 (15) sec 35 2003 (5) sec 746 relied on relied on distinguished Para 5 Para 5 Paras 5, 6 CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal D No. 1198 of 2007. E From the Judgment & Order dated 12.1.2007 of the High Court of Punjab and Haryana at Chandigarh at Criminal Appeal Nos. 584 and 610-DB of 1997. WITH Criminal Appeal Nos. 770 of 2011. P.S. Patwalia, Jagjit Singh Chhabra, Ashok Kr. Saini, F Rajesh Sharma, Shalu Sharma and Kuldip Singh for the appearing parties. G H The following order of the Court was delivered ORDER 1. This judgment will dispose of Criminal Appeal No. 1198 of 2007 and Criminal appeal No. 77012011 @ Special Leave Petition (Crl.) No. 5580 of 2008. The facts have been taken from Criminal Appeal No. 1198 of 2007. - - SUKHBIR SINGH AND ANR. v. STATE OF PUNJAB 583 2. At about 9 p.m. on the 26th December 1991 Naranjan A Singh PW-2 son of Jaswant Singh deceased a resident of village Vinjwan was in his house along with his father when there was a knock at the door. Naranjan Singh and his father, who happened to be the Sarpanch of the village, thereupon opened the door. Two Sikh youth, who were subsequently B identified as the appellants herein, Sukhbir Singh and Dilbagh Singh, were standing outside carrying AK-47 rifles. They told Jaswant Singh that he was raising an unnecessary dispute with regard to the school land', part of which under the possession of Mohanjit Singh, Amir Singh and Bhupender Singh sons of c Harbans Singh (all accused). Jaswant Singh answered that he alone was not the deciding factor and the other members of the Panchayat and the Lambardar be also called. Jaswant Singh was then taken towards the house of Mohinder Singh Lambardar, by the two appellants followed by Naranjan Singh. 0 Mohinder Singh too was called out of his house and the entire group then went on to the house of Hardev Singh, Member Panchayat. Hardev Singh too was called out and the appellants told them that the dispute should be settled then and there. They also took Jaswant Singh, Lambardar Mohinder Singh and E Member, Panchayat Hardev Singh towards the side of the school outside the village again followed by Naranjan Singh. The three were thereafter told to sit on the ground whereupon one of the appellants went to call Harbans Singh appellant. He returned about 5/6 minutes later accompa
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