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PETITIONER: HARDEV SINGH & ANR.

       Vs.

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT:       10/12/1998

BENCH: G.T.NANAVATI, M.SRINVASAN

ACT:

HEADNOTE:

JUDGMENT:  JUDGMENT Nanavati.J. The appellants  and  four  others  were  accused  or having  committed  murder of Nachattar Singh in pursuance of their conspiracy.  Out of six accused.  only three could  be put up for trial as Gurtej Singh.  Chamkaur Singh and Jagdev Singh  were found absconding and their presence could not be obtained at the trial.    In  fact  they  were  declared  as proclaimed offenders.  The trial court believed the evidence of  the prosecution witnesses and held that Gurtej Singh and the said murder was committed by them in  pursuance  of  the conspiracy  hatched  by them along with Hardev Singh, Pritam Kaur and  Paramjit  Kaur.    The  trial  court,   therefore, convicted  two  appellants and Paramjit kaur for the offence punishable under Section 302 read with  Section  120.B  IPC. All  the  three  appealed to the High Court and their appeal was dismissed. Hardev Singh and Pritam  Kaur  have  now  approached this  Court  challenging  their conviction. What is urged by the learned counsel for the appellants is that the  evidence led  by  the  prosecution to connect the appellants with the murder  of  Nachattar  Singh  is  really  insufficient  and, therefore,  their  conviction  under  Section  302 read with Section 120-B IPC is neither proper nor legal. As pointed out by the High Court, the  evidence  led by  the prosecution agianst the appellants was to the effect that they suspected that Nachatter Singh had killed Joginder Singh, father of appellant No. 1 and  husband  of  appellant No.2 and they wanted to take revenge. On one day in presence of Mukhtiar singh PW-4. Parminder Singh PW-5 and Avtar Singh PW-7  they  declared  that  they  would  take revenge. These witnesses  had  seen  Gurtej  Singh  in  the  house  of  the appellants  and  heard  him  assuring  appellant No.2 not to worry as they were going to show the result. We have gone through the evidence of these witnesses and we find that their  evidence  on  this  point  does  not appear  to  be  reliable.  Their passing by the house of the appellants at the time when  it  was  so  stated  is  rather difficult  to  be accepted. The High Court has not given any good reason for accepting that part of the evidence of these

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witnesses. Merely from one occasion when prosecution witness Mukhtiar singh had seen Jagdev Singh and Gurtej singh in the house of the appellants. It was not proper to  jump  to  the conclusion  that  they  had gone there with a view to assure the appellants that they would take  revenge  by  committing murder  of  Joginder  Singh and the appellants had conspired with them for doing so. In our opinion the  prosecution  has failed  to  connect the appellants with the murder committed by Gurtej Singh and Chamkaur  Singh.  We,  therefore,  allow this  appeal  set aside the conviction of the appellants and acquit them of the charge levelled against them.