{"id":380,"date":"2020-04-23T10:29:49","date_gmt":"2020-04-23T10:29:49","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=380"},"modified":"2021-01-17T04:38:32","modified_gmt":"2021-01-17T04:38:32","slug":"conviction-can-be-made-over-extra-judicial-confession-along-with-other-circumstantial-evidence-in-absence-of-evidence-of-last-seen","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/conviction-can-be-made-over-extra-judicial-confession-along-with-other-circumstantial-evidence-in-absence-of-evidence-of-last-seen\/","title":{"rendered":"Conviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of \u2018Evidence of last seen\u2019."},"content":{"rendered":"\n

Lahari Gurrala | Symbiosis Law School, Hyderabad | 9th December 2019\u00a0 <\/strong><\/p>\n\n\n\n

DARSHAN SINGH v. SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009<\/strong><\/p>\n\n\n\n

FACTS:<\/strong><\/h4>\n\n\n\n
  • An FIR was lodged by Jarnail Singh (PW-7) on 28th March, 2005\nat 12:35 pm. He was the member of Nagar Palika, Morinda and had taken 7 Bigha\nof land on lease from Pritpal Singh, Mohan Singh which he had sown wheat crop.\nHe had also taken 7 Bigha of land on lease from Faqir Chand where again he had\nsown wheat crop.<\/li>
  • He stated that at about 10:30 am in the morning\non that day, he along with Mohinder Singh Lamberdar (Village Headman) and Hari\nPal had gone to his field but noticed a foul smell emanating from the land of\nPritpal Singh near dump of wheat husk. He noticed a jute bag with maggots\naround it and suspected it to be a dead body of a man or a woman. Thereafter,\nhe went to report the matter to the Police. Such statement was recorded by\nBalwant Singh, SHO who later appeared as PW-15. <\/li>
  • Investigations were initiated and the case was\nregistered against unknown persons. Copy of FIR was sent to the concerned\nMagistrate. Upon examination of the body in the inquest proceedings (Ex.PL),\none telephone diary, a plastic bag, a jute bag and ladies wearing cloth were\nfound. The body was found to be decomposed and could not be identified. A\nDupatta was found around the neck. <\/li>
  • The post-mortem was conducted on 30th March, 2005. No ligature mark was found present\nbut skin over the Hyoid bone taken for Histopathological examination. The\nunderlying Hyoid bone was found fractured. The probable time of death was 10\ndays between death and post-mortem examination. The chemical examination report\n(Ex.PH) stated that Aluminium Phosphide Insecticide was detected in the samples\ncontaining parts of small and large intestine of the deceased. Phosphine, a\nconstituent of Aluminium Phosphide, was detected in decomposed pieces of liver,\nspleen and kidney. <\/li>
  • Dr. Harbhajan Singh on the request of the police\nopined that the cause of death is poisoning due to Aluminium Phosphide\nInsecticide, haemorrhage and haemo-thorax due to injury in the left chest as\ndescribed in the post-mortem report. <\/li>
  • After completion of the investigations including\nrecording of the statement of the witnesses accused Avtar Singh, Jagmohan\nSingh, Swaran Kaur and Darshan Singh were made to stand trial. The deceases,\nSurjit Kaur, was mother of the accused Avtar Singh. Swaran Kaur is wife and\nJagmohan is the son of Avtar Singh. Darshan Singh was a servant at Avtar\nSingh\u2019s house.<\/li>
  • The Prosecution story is that the\ndeceased had inherited 5 Bigha of land to Gurmit Singh(other son of deceased)\nwho died issueless and accused were not happy with this inheritance. Out of this land, she sold 1 bigha\nand gave the remaining 4 bighas on theka (lease) to accused Avtar Singh at the\nrate of Rs.4,000\/- per bigha. However, Avtar Singh had not been paying the\nlease amount to her. Panchayats had also been convened over this dispute, where\nthe four accused threatened the deceased. <\/li>
  • The learned Sessions Judge vide\njudgment and order dated 23rd<\/sup>\u00a0May,\n2007\/26th May,\n2007 acquitted Avatar Singh but convicted Jagmohan Singh, Swaran Kaur and\nDarshan Singh. <\/li>
  • The\nprosecution relied upon PW-7 Jarnail Singh, on whose statement the prosecution\nprocess was initiated. He deposed that the investigating officer had recovered\none small diary from the inner pocket of undershirt of the deceased which had\nsome telephone numbers and was taken in possession. PW-8 Jagtar Singh, a milk\nman, deposed that he kept some acid with him for checking the fat of milk. He\nfurther stated that accused Swaran Kaur had come to him to get some acid to\nclean the rust on a cooking vessel and a toilet seat. She took 1\u20442 a bottle of\nacid from him. PW-11 is Harpal Singh, the Sarpanch of Village Sahauran. He\ndeposed that the deceased came to him on 15th March, 2005 with a grievance that\nAvtar Singh had not been paying lease money to her and he should facilitate the\npayment. He requested Avtar Singh and Swaran Kaur to give the lease money to\nSurjit Kaur and they promised to give the lease money. He later got to know\nthat Surjit Kaur had died.<\/li>
  • The material witness is Kuldeep\nSingh, son-in-law of the deceased, stated that since, Avtar Singh was not paying lease money, there\nwere differences between mother and son. He deposed that in the month of March,\n2005, Swaran Kaur, daughter- in-law of the deceased informed him that Surjit\nKaur had left after taking Rs.1,000\/- from them towards lease money. It was on\n29th March,\n2005, he received a telephone call and also read in the newspaper that a dead\nbody was found. He identified the dead body of his mother-in-law which was kept\nin the mortuary. Sukhdev Singh (PW-14) has been\nexamined as a person of last seen. He deposed that on 22nd March, 2005 at about 5:30\nam, one man and one woman came on TVS Motor Cycle and they were carrying a\ngunny bag.<\/li>
  • The\ninvestigating officer Balwant Singh was examined as PW-15. He deposed that\nKuldeep Singh (PW-13) and Ujjagar Singh, sons-in-law of the deceased identified\nthe dead body from clothes as the face was disfigured by pouring acid and they\nnamed the accused as the suspects. Thereafter, the Investigating Officer\nconducted the raids for arresting the accused. He stated that the accused could\nnot be traced in village Sahauran and other places. Thereafter, Bhupinder Singh\n(PW-16) brought the accused on 3oth March, 2005, Darshan Singh, Jagmohan Singh\nand Swaran Kaur and got their statements recorded and arrested them.<\/li>
  • Further,\naccused Swaran Kaur made a disclosure in police custody that she had kept\nconcealed half empty bottle of acid in her house, could get the same recovered\nand the said acid bottle was recovered. Further, he arrested accused Avtar\nSingh in a raid conducted in Village Sahauran. Later on, accused Jagmohan Singh\ngave a disclosure statement that he has kept concealed his TVS Motor Cycle in a\nroom and had kept a folding iron chair concealed in the house of Avtar Singh\nwhich were recovered from the disclosed places and where taken into possession.<\/li>
  • Upon examination of Bhupinder Singh (PW-16) as the\nwitness of extra judicial confession, he stated that he was present in his\nhouse on 30th<\/sup> March,2005. At about 10 am, accused Swaran Kaur,\nJagmohan Singh and Darshan Singh present in the court came to his house. Swaran\nKaur told him that they have committed a big blunder and that she had put a\nDupatta on the neck of the deceased and was strangulated. Darshan Singh gave a Kursi\n(chair) blow on the flank of the deceased when Jagmohan Singh caught hold of\nthe deceased by her arms and, as a result thereof, deceased died. Swaran Kaur\nalso told him that she poured acid on deceased face. The dead body was kept in\na gunny bag and put in a cupboard. Swaran Kaur further stated that the dead\nbody was taken on a motor cycle for being thrown in the canal along with\nJagmohan Singh. <\/li>
  • However,\nwhen they reached the bridge there was unmetalled path and because of the\nwater, the motor cycle could not pass through and they threw the gunny bag in\nthe fields of wheat. Darshan Singh also confessed that he along with Swaran\nKaur and Jagmohan Singh have committed the murder of Surjit Kaur and recounted\nthe same story. Darshan Singh also confessed that he along with Swaran Kaur and\nJagmohan Singh have committed the murder of Surjit Kaur.<\/li>
  • The learned trial court relied upon\nthe statement of Bhupinder Singh (PW-16) and that of Kuldeep Singh (PW-13) to\nconvict the accused Jagmohan Singh, Swaran Kaur and Darshan Singh. Later on, an\nappeal was filed in the High Court of Punjab and Haryana where the court\ndismissed the appeals by the appellants relying on the statements of Kuldeep Singh (PW-13) and\nBhupinder Singh (PW-16) and the motive proved by Harpal Singh (PW-11) Sarpanch.<\/li><\/ul>\n\n\n\n

    ISSUE<\/strong><\/h4>\n\n\n\n

    In the absence evidence of last seen, the other evidence is of extra judicial confession, so can this evidence be made base for conviction along with circumstantial evidence when proved?<\/p>\n\n\n\n

    HELD:<\/strong><\/h4>\n\n\n\n
    • It was held that although the witness (PW-14) of\nlast seen could not identify the appellants, but the fact remains that he\nidentified that a jute bag was thrown by a man and a woman who came on a TVS\nMotorcycle. Therefore, even though the witness could not identify the\nappellants in court as the persons who had thrown the jute bag, the fact that\nthe jute bag was thrown by a man and a woman on a TVS motorcycle is relevant in\nchain of events in support of the prosecution case. <\/li>
    • It was also held that though Darshan Singh is\nnot a member of the family of the accused and has no motive in the commission\nof crime, it was observed that Darshan Singh was convicted on the basis of\nextra-judicial confession made before Bhupinder Singh (PW-16). In the\nextra-judicial confession, Darshan Singh has deposed that he has given a Kursi\n(Chair) blow on the flank of Surjit Kaur. The post-mortem report (Ex. PJ) shows\nfracture of Hyoid bone, an irregular wound over the left breast and fracture of\nthe 6th and\n7th rib.\nTherefore, the extra-judicial confession made by Darshan Singh is also\nsupported by medical evidence. Further, Darshan Singh had also disclosed that\nhe had kept concealed a folding iron chair in house of Avtar Singh, the said\nchair was recovered. The prosecution has proved the chain of circumstances to\nhold the appellants guilty of the offences charged. <\/li>
    • In view of the evidence led and the finding\nrecorded by the Courts below, we do not find any merit in the present appeals.\nAccordingly, both the appeals are dismissed. The sentence of the appellants\nwere suspended by this Court. They shall now surrender to undergo the remaining\nsentence. <\/li><\/ul>\n\n\n\n[wpdm_package id=’1977′]\n","protected":false},"excerpt":{"rendered":"

      Lahari Gurrala | Symbiosis Law School, Hyderabad | 9th December 2019\u00a0 DARSHAN SINGH v. SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009 FACTS: An FIR was lodged by Jarnail Singh (PW-7) on 28th March, 2005 at 12:35 pm. He was the member of Nagar Palika, Morinda and had taken 7 Bigha of land on […]<\/p>\n","protected":false},"author":150,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nConviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of \u2018Evidence of last seen\u2019. - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/conviction-can-be-made-over-extra-judicial-confession-along-with-other-circumstantial-evidence-in-absence-of-evidence-of-last-seen\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Conviction can be made over Extra-Judicial Confession along with other Circumstantial Evidence in absence of \u2018Evidence of last seen\u2019. - LexForti\" \/>\n<meta property=\"og:description\" content=\"Lahari Gurrala | Symbiosis Law School, Hyderabad | 9th December 2019\u00a0 DARSHAN SINGH v. SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009 FACTS: An FIR was lodged by Jarnail Singh (PW-7) on 28th March, 2005 at 12:35 pm. 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SATE OF PUNJAB., CRIMINAL APPEAL NO. 1688 OF 2009 FACTS: An FIR was lodged by Jarnail Singh (PW-7) on 28th March, 2005 at 12:35 pm. 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