STATE OF HARYANAversusTEK SINGH AND ORS.

                          STATE OF HARYANA                                       A
                                      v.
                         TEK SINGH AND ORS.

                               MAY 3, 1999

               [G.B. PATTANAIK AND M.B. SHAH, JJ.]                               B

      Criminal Law:

     Penal Code 1860-Sections 148, 149, 302, 449-8 accused forming an
unlawful assembly-Assault and murder of two persons-Eye witnesses fully          C
corroborated by medical evidence-Conviction by Sessions Court-Acquittal
of 5 accused by High Court based on miner contradictions-Relying on
statement of witnesses during investigation-Held, erroneous-Minor
exaggerations will not be a ground for rejecting testimony of eye-witnesses-
Evidence Act, 1872.
                                                                                 D
      Criminal trial :

      Evidence recorded by a Police Officer under Section 173 Cr. P.C.-
Held, cannot be considered while appreciating the deposition of witnesses
before court.
                                                                                 E
      Respondents along with three others were charged for offences
punishable under Sections 14S, 449 and 302 read with Section 149 IPC. The
accused before the Sessions Court contended that they were falsely implicated,
that brother of accused A7 had suffered injuries and that AS was not present
at the scene of occurrence since he was attending a bhog ceremony. The           F
Sessions court relying on the evidence of eye witnesses coupled with the
medical evidence and circumstantial evidence convicted and s.entenced all the
S accused.

     On appeal by the accused, High Court reappraised the entire evidence
and held that the prosecution has failed to prove motive of accused Al, AS       G
A6, A4 and AS for joining the other accused in assaulting the deceased. The
High Court held that considering the measurement of the room where the
dead body lay it was not possible to believe that it could accommodate accused
persons to enter with their weapons and kill the deceased inside the house.
The High Court further held that in the light of statements recorded by the
Investigating Officer under Section 173 Cr. P.C. the ocular evidence had to      H
                                     967
    968                   SUPREME COURT REPORTS                    [1999] 2 S.C.R.

A be appreciated with due caution as regards accused AS, A6, A7 and A8 and
    that the medical evidence qua Al, A2, A3, A7 and A8 does not corroborate
    the evidence of eye witnesses. Thus the High Court acquitted them but
    convicted A2, AS & A6.

          On appeal by State before this Court against the acquittal of five
B   accused, it was contended that the reasons given by the High Court in
    reversing the finding of conviction of respondents are erroneous, that the
    entire approach of the High Court in appreciating the evidence of the
    eyewitnesses and giving benefit of doubt on insignifo~ant om missions or

C
    contradictions or on the ground that it is not corroborated by the medical
    evidence is erroneous and has resulted in grave miscarriage of justice.          -
          Respondents contended that the High Court has rightly appreciated the
    evidence and arrived at the conclusion that the role ·assigned to the
    respondents and their participation in crime by the witnesses was not
    established in view of medical evidence, that there is material improvement
D   in the version of the prosecution witnesses at the time of trial in order to
    make their testimony in line with the medical evidence and that it is not a
    fit case for interference.

          Allowing the appeal, the Court

E        HELD : 1. The entire approach of the High Court in appreciating the
    evidence of the eye-witnesses is erroneous. The Court ought not to have
    taken into consideration the report of the Investigating Officer under Section
    173 Cr. P.C. while appreciating the evidence led before the Court. [974-AJ

          2. The High Court while appreciating the evidence ought to have kept
F in mind and visualised {he situation at the time of occurrence of the incident.
    Evidence of the witnesses should be appreciated by keeping ground reality
    and fact-situation in mind. It is also established law that even with regard
    to the interested witness, it is the duty of the Court to separate truth from
    falsehood and the chaff from the grain. In view of the close relationship,
G   witnesses naturally would have a tendency to exaggerate or add facts but
    while appreciating the evidence exaggerated facts are to be ignored unless
    it affects substratum of prosecution story. If there is some exaggeration ,in
    the evidence of the witnesses those exaggerations are to be separated by
    taking into consideration overall facts on record. With regard to the main
    part of the prosecution version that accused assault deceased G, the
H   prosecution evidence in fully corroborated by medical evidence. The medical
                     STATE OF HARYANA v. TEK SINGH                           969
  evidence also corroborates the evidence of the witnesses that on both the         A
· deceased, apart ~rom injury by firearm, accused assaulted by Gandasa.
  Therefore, it cannot be stated that the evidence of the prosecution witnesses
  in not corroborated by medical evidence. [974-C-D; 975-F-G-H]

       State of U.P. v. MK. Anthony, AIR (1985) SC 48, relied on.
                                                                                    B
       3. The evidence of PW6 is accepted by High Court. The presence of
 PW6 at the scene of offence was natural particularly considering the fact
 that deceased was released on parole a day prior to the date of incident. She
 has narrated the entire incident. PW5 and PW7 have fully corroborated her
 evidence and narrated the incident in detail. [974-G-H; 975-DJ
                                                                                    c
       4. It is true that the witnesses have failed to locate exact seat of the
 injuries but that is natural, when the incident takes place all of a sudden
 within two to three minutes and successive blows are inflicted by the accused,
 8 in number. They came all of a sudden armed with deadly weapons and
 attacked the victims, who rushed to take shelter in the house. In such a fact-     D ,
 situation, some contradictions as to who assaulted whom, with what weapon
 and whether it was by sharp edge or blunt side of Gandasa are bound to be
 there and particularly when blows are given in quick succession, it would
·be against the ground reality to expect the witnesses to depose exactly on
 which part of body the blow landed. In these circumstances, even if there is
 some exaggeration with regard to the infliction of blows, it would hardly be       E
 a ground for rejecting their testimony. It may be futile to expect an exact
 description of the details of attack on the victim by each accused, from the
 widow of one of the deceased who witnessed the dastardly act or from eye-
 witnesses. [976-A-C]

       5. When the presence of the accused who were armed with deadly               F
 weapons is established beyond doubt, Sections 148, 149 IPC would come into
 operation and they would be liable for the offences. In this view of the matter,
 there was no warrant at all for the High Court to reverse the judgment of
 the Sessions Court which is analytical and well reasoned. [976-D-E]
                                                                                    G
       6. The High Court has not given due importance to the fact that the
 FIR was lodged immediately disclosing the entire incident and the names of
 the accused. The incident took place at about 8.30 p.m. on 14th September,
 1988. FIR was recorded at 11.30 p.m. and its copy was received by the Ilaqua
 Magistrate, Hissar at 4.30 a.m. on the same night. The FIR was lodged by
 C. B also had accompanied C to the Police Station. So, the Additional              H
    970                   SUPREME COURT REPORTS                    (1999) 2 S.C.R. -

A Sessions Judge rightly came to the conclusion that within two and a half
    hours of the occurrence, information was lodged with the Police and that
    copy of the FIR was sent to Hissar which is 90 K.M. from Jakhal which
    reached the Magistrate at Hissar at 4.30 a.m. during the same night and in
    these circumstances, the evidence of the prosecution witnesses get
B   corroboration from the FIR. [976-E-F)

           7. The finding of the High Court that prosecution failed to prove motive
    is erroneous. In his statement under S. 313 accused T stated that he was
    falsely implicated due to enmity between him and the complainant side when
    he contested the election of Sarpanch against C and won the election. C put
C   pressure upon him to co-opt his wife as the member of the Panchayat which
    he refused to oblige, therefore, he bore grudge in his mind. It is the say of
    G in Section 313 statement that deceased Thad inflicted injuries to M for
    which he was prosecuted and convicted. He had also dispute with him for 22
    Qui/las of land in village Chandpur belonging to his maternal grandfather
    and deceased Twas asking for share in that land, and due to that reason,
D   the family members ofT were having grudge against him. Therefore, he and
    hii; brother were falsely involved in the case. Similar statement is made by
    accused G. In view of the aforesaid evidence and statements of the accused
    it would be difficult to hold that there was no motive on the part of the
    accused. [976-G; 977-C-E)
E        CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
    360 of 1993.                                                                       -
         From the Judgment and Order dated 23.10.92 of the Punjab & Haryana
    High Court in Crl. A. No. 153-DB of 1991.
F        Ms. Shikha Ray Pabbi, (Sanjeev K. Pabbi) for Prem Malhotra for the
    Appellant.

         S. Ujagar Singh, (Devander Singh) for Ms. Naresh Bakshi, (E.C.
    Agrawala) (NP), R.S. Sodhi and Lokesh Kr. for the Respondents.
G
          The Judgment of the Court was delivered by

          SHAH, J. In the Court of Addi. Sessions Judge-III, Hissar in Sessions
    Case No. 57 of 1988/33 of 1990, 8 persons namely, (1) Tek Singh, (2) Gurbachan
    Singh, (3) Gurmel Singh, (4) Mela Singh, (5) Baldev Singh, (6) Megha Singh,
H   (7) Sajan Singh and (8) Jaspal Singh were charged for the offences punishable
             STATEOFHARYANAv. TEKSINGH[SHAH,J.J                        971
under Section 148, 449 and 302 read with Section 149 ofl.P.C. for committing A
the murder of Tek Singh and Gurdev Singh inside the house of Tek Singh
(deceased). By judgment and Order dated 26th March 1991, Additional Sessions
Judge, Hissar convicted all the aforesaid 8 accused under Sections 148, 449
& 302 read with Section 149 of l.P.C. Against the said judgement and order,
accused preferred Criminal Appeal No. 153- DB of 1991 before the High Court
of Punjab and Haryana at Chandigarh. By the judgment and order dated 23rd B
October, 1992, the High Court acquitted 5 accused, namely, Tek Singh(A-1),
Mela Singh(A-4), Gurmel Singh(A-3), Sajan Singh(A-7), Jaspal Singh(A- 8)
and confirmed the conviction of remaining 3 accused, namely, Gurbachan
Singh(A-2), Baldev Singh(A-5) and Megha Singh(A-6) for the offence
punishable under Section 302 read with Section 34, 1.P.C. and their conviction C
and sentence under Section 449 I.P.C. was also maintained. Against the said
judgment and order, ,the State of Haryana has preferred this appeal. At the
time of admission of the appeal, this Court dismissed the Special Leave
Petition against the convicted accused, namely, Gurbachan Singh (A-2), Baldev
 Singh (A-5) and Megha Singh (A-6).
                                                                             D
       The prosecution version is because of the Gram Panchayat elections of
Village Talwara and as some understanding between the accused Tek Singh
(A-1) and Gurdev Singh was not honoured by Tek Singh, there was altercation
between Tek Singh and Chet Singh, brother of the deceased Gurdev Singh.
It is also stated that about 8 to 9 months prior to the occurrence, Tek Singh E
(deceased) was convicted for causing injuries to Mrs. Mukhtiar Kaur, his
sister-in- law. He was released on parole one day prior to the occurrence. On
14th September, 1988 at about 8.30 p.m., Tek Singh and Gurdev Singh (both
deceased) were sitting on a cot outside the house of Tek Singh, the accused
armed with weapons including gun, rifle and gandasa, firing shots and shouting
that Tek Singh and Gurdev Singh should be finished, arrived there from the F
side of Tek. Singh's house. On seeing the accused, both deceased rushed
inside the house of Tek Singh, the accused chased them ana.entered the
house where Mrs. Bant Kaur, wife of Tek Singh (deceased) was present. It
is also say of witnesses Chet Singh, P.W.5, Bhola Singh P.W. 7 and one
Mohinder Singh that they reached at the scene of offence after returning from G
their fields and answering the call of the nature. It is the version of the
witnesses that accused caused injuries to deceased Tek Singh by giving
Gandasa blows. It is stated that Baldev Singh gave Gandasa blow on the
neck, Mela Singh gave gandasa blow on the right shoulder, Jaspal Singh gave
gandasa blow on right arm, Megha Singh gave gandasa blow on right knee,
Gurmel Singh gave gandasa blow on left hip joint, Sajan Singh gave four to H
    972                     SUPREME COURT REPORTS                      [1999] 2 S.C.R.

A five gandasa blows in quick succession on waist. It is further stated that
    Gurbachan Singh (A-2) fired from his rifle hitting deseased Gurdev Singh on
    his right thigh and other accused persons gave gandasa blows. Thereafter,
    all the accused along with the respective weapons went towards their houses
    and at that time Tek Singh (A-1) and Gurbachan Singh fired from their gun
B and rifle in the air while leaving the spot. The witnesses Chet Singh and Bhola
    Singh rushed to the police station and lodged report at 11.30 p.m. with SI
    Ramesh Pal. The special report of the FIR was conveyed to Illaqa Magistrate,
    Hissar at 4.50 a.m. during the same night. The accused continued absconding
    till 22nd September, 1988 on which date at the bus station, Tek Singh, Gurbachan
    Singh, Mela Singh and Gurmel Singh were arrested. At that time, Tek Singh
C was carrying his licence .12 bore gun Ex. P34 which was taken in possession
    after putting it in a sealed parcel. Thereafter, other fire arm was also recovered.
    Gandasas from Gurmel Singh (A-3) and Mela Singh (A- 4) also were recovered
    and were sent to the Forensic Science Laboratory, Madhuban and its report
  · stated that human blood was found on one of Gandasas. With regard to the
D fire arms, rifle and gun, they were found intact and in working order and also
    after examining the hole in the Tehmad (lion cloth) put on by deceased Gurdev
    Singh, it was reported that it was the result of bullet projectile.

          Before the Sessions Court in their respective statements under Section
    313 of Cr. P.C., the accused contended that they were falsely implicated, it has
E   also been pointed out that Ram Nath, brother of Saijan Singh, accused had
    suffered injuries and for that purpose, report was lodged by Ram Nath. Jaspal
    Singh, (A-8) had taken the plea of alibi and for that purpose, witnesses have
    examined to prove that bhog ceremony in connection with the last rites of
    Bhura Singh took place on 14.9.88 and Jaspal Singh being the son- in-law of
    Amarjeet Singh, brother of the Bhura Singh attended that ceremony and he
F   along with his wife stayed for the night with them. The learned Additional
    Sessions Judge relying on the eyewitnesses' evidence of Chet Singh, Mrs.
    Bant Kau~ and Bhola Singh, coupled with the medical evidence and
    circumstantial evidence convicted and sentenced all the accused.

G           In appeal, the High Court reappreciated the entire evidence in the light
     of the contentions raised by the learned Counsel for the parties. The High
     Court, in appeal arrived at the conclusion that prosecution has failed to prove
     motive of Tek Singh or his brothers Baldev Singh, Megha Singh or his
     nephew Mela Singh, Jaspal Singh joining the remaining other accused in
     assaulting the deceased Tek Singh and Gurdev Singh. The Court observed
H    that it cannot be stated that the presence of witness Chet Singh who happens
              STATE OF HARYANA v. TEK SINGH (SHAH, J.]                        973
to be the real brother ofGurdev Singh (deceased) and Bhola Singh P.W. 7 who          A
is the son of the deceased Gurdev Singh can be said to be unnatural or that
they cannot be termed as 'chance witnesses'. However, their evidence is to
be appreciated with care and due caution. The High Court, however, stated
that considering the measurement of the room where the dead body of Gurdev
Singh lay, it was not possible to believe that it could accommodate accused
persons to enter with their weapons and kill Gurdev Singh inside the house.          B
The Court further took note of the fact that ocular evidence of the witness
required to be appreciated with due caution qua the participation of each of
them in the occurrence especially when Investigating Officer reported, under
Section 173 of the Criminal Procedure Code, that Baldev Singh, Megha Singh,
Sajan Singh and Jaspal Singh were found innocent. Thereafter, High Court             C
considered the medical evidence and appreciated the evidence of each witness
to find out whether the medical evidence corroborates the version of the
prosecution witnesses. The Court held that qua the respondents, that is, A-
 l, A-2, A-3, A-7 & A-8, medical evidence does not corroborate the evidence
of the eye witnesses. Qua the remaining accused A-2 Gurbachan Singh, A-
5 Baldev Singh and A-6 Megha Singh, medical evidence corroborated                    D
prosecution evidence. Hence, they were convicted and re$t of them were
acquitted.

      In this appeal, Ms. Shikha Ray Pabbi, learned Counsel for the appellant-
State vehemently contended that the reasons given by the High Court in               E
reversing the finding of conviction of the respondents-accused are, on the
face of it, erroneous. She submitted that the entire approach of the High Court
in appreciating the evidence of the eye-witnesses and giving benefit of doubt
on insignificant omissions or contradictions or on the ground that it is not
corroborated by the medical evidence is, on the face of it, erroneous and has
resulted in grave miscarriage of justice. As against this, learned Counsel for       F
the respondents submitted that the High Court has rightly appreciated the
evidence and arrived at the conclusion that role assigned to the respondents
and their participation in crime by the witnesses was not established in view
of medical evidence. It is submitted that there is material improvement in the
version of the prosecution witnesses at the time of trial in order to make their     G
testimony in line with the medical evidence. It is, therefore, submitted that this
is not a fit case for interference by this Court in this Appeal under Article
 136.

      In our view, considering the evidence of prosecution witnesses and the
reasons recorded by the Trial Court, it is apparent that the entire approach         H
    974                    SUPREME COURT REPORTS                    [1999] 2 S.C.R.

A of the High Co.urt in appreciating the evidence of the eye-witnesses is
  erroneous. Further, the Court ought not to have taken into consideration the
  report of the Investigating Officer under Section 173 of the Cr. P. C. wherein
  it was stated that Baldev Singh, Megha Singh, Sajan Singh and Jaspal Singh
  were innocent while appreciating the evidence led before the Court. However,
B it has to be stated that after appreciating the evidence of eye-witnesses, the ·
  High Court itself has confirmed the conviction of Baldev Singh (A-5) and
  Megha Singh (A-6) who were found innocent by the Investigating Officer.
  Their conviction is also confirmed at the time of granting leave to appeal. This
  reveals non-application of mind by the High Court to the facts of the case:
  Further, the Court while appreciating the evidence ought to have kept in mind
C and visualised the situation at the time of occurrence of the incident. Evidence
  of the witness should be appreciated by keeping ground reality and fact-
  situation in mind. It is also established law that even with regard to the
  interested witness, it is the duty of the Court to separate truth from falsehood
  and the chaff from the grain. In view of the close relationship, witnesses
D naturally would· have a tendency to exaggerate or add facts but while
  appreciating the evidence exaggerated facts are to be ignored unless it affects
  substratum of prosecution story. In the case of State ofU.P. v. MK. Anthony,
  AIR (1985) S.C. 48, this Court pointed out that while appreciating the evidence
  of a witness, the approach must be whether evidence of the witness read as
  a whole appears to have a ring of truth. Once that impression is found, it is
E undoubtedly necessary for the Court to scrutnise the evidence more particularly
  keeping in view the deficiencies, drawbacks and infirmities pointed out in the
  evidence as a whole and evaluate them to find out whether it is against the
  general tenor of the evidence and whether the earlier evaluation of the
  evidence is shaken as to render it unworthy of belief. Minor discrepancies on
F trivial matters not touching the core of the case, hyper-technical approach in
  persuasion of the evidence should be avoided. The Court pertinently observed:

                "Even honest and truthful witnesses may differ in some details
            unrelated to the main incident because power of observation, retention
            and reproduction differ with individuals. Cross examination is an
G           unequal duel between a rustic and refined lawyer".                   "'-

          In the present case, the evidence of PW-6, Bant Kaur, wife of the
    deceased Tek Singh is accepted by the High Court. Her presence at the scene
    of offence was natural particularly considering the fact that deceased was
    released on parole a day prior to the date of incident. She has narrated the
H   entire incident. She has stated that her husband Tek Singh was convicted in
                  ST ATE OF HARY ANA v. TEK SINGH [SHAH, J.]                    975
    a criminal case for causing injuries to Mrs. Mukhtiar Kaur. At 8.30 p.m., she A
    was present in the courtyard and that all the accused came from the side of
    Tek Singh's house while firing and raising lalkaras. Tek Singh (A-1) was armed
    with the gun, Gurbachan Singh (A-2) was armed with rifle while remaining
    accused were armed with gandasas. On seeing them, Tek Singh and Gurdev
    Singh who were sitting out on the cot came inside the room; all the accused B
    also entered the housl!; Baldev Singh gave gandasa blow on the back of the
    neck of Tek Singh as ,a result of which he fell down on the ground; while he
    was lying, Mela Singh inflicted injuries with gandasa on his right side face.
    Jaspal Singh gave gandasa blow on his right shoulder. Megha Singh gave
    gandasa blow on his right knee, Mela Singh gave a gandasa blow on his left
    buttock, Sajan Singh gave four to five injuries with gandasa on his abdomen. C
    Bachan Singh fired a shot from his rifle at Gurdev Singh which hit on h1.:o , ight
    thigh as a result of which he fell down on the ground. She has further stated
    that other accused assaulted Gurdev Singh with gandasa. With regard to Mrs.
    Mukhtiar Kaur, she has stated that either she was her Jethani° or Devrani and
    she was the wife of Gurbachan Singh (A-2). She has also stated that when
    she tried to intervene, she was pushed by the accused. Mohinder Singh is D
    a son of maternal uncle but they were not on visiting terms with him. The
    witnesses Chet Singh P. W. 5 and Bhola Singh, P. W. 7 have fully corroborated
    her evidence and narrated the incident in detail.

           As stated by the witness Chet Singh, PW 5 in his cross-examination           E
    that assault was over within two to three minutes, it would be difficult for any
    witness to state exactly which accused inflicted how many blows on the
    deceased. In these set of circumstances, if there is some exaggeration in the
    evidence of the witnesses those exaggerations are to be separated by taking
    into consideration overall facts on record. Further, it is to be stated that with
    regard to the main part of the prosecution version that accused assaulted           F
    deceased Gurdev Singh, the prosecution evidence is fully corroborated by

I   medical evidence. The medical evidence also corroborates the say of the
    witnesses that on both the deceased, apart from injury by firearm, accused



[   assaulted by gandasa. Dr. R.K. Chaudhary, P.W. 1 and Dr. H.L. Gupta, P.W.
    2, who carried on post-morterm examination of Gurdev Singh (deceased),
    found that he was having as many as 13 injuries out of which 6 injuries were
    incise wounds. There were multiple contusions and lacerated wounds on the
    body. Similarly, with regard to Tek Singh (deceased), there were in all 9
                                                                                        G



    injuries, 3 were incise wounds and rest were multiple contusions and lacerated
    wounds. Therefore, it cannot be stated that the evidence of the prosecution
    witnesses is not corroborated by medical evidence. It is true that they have        H
    976                    SUPREME COURT REPORTS                     [1999] 2 S.C.R.

A failed to locate exact seat of the injuries but that is natural, when the incident
    takes place all of a sudden within two to three minutes and successive blows
                                                                                        --
    are inflicted by the accused, 8 in numbers. They came all of a sudden armed
    with the deadly weapons and attacked the victims, who rushed to take the
    shelter in the house. In such a fact situation, some contradictions as to who
    assaulted whom, with what weapon and whether it was by sharp edge or
B   blunt side of Gandasa are bound to be there and particularly when blows are
    given in quick succession, it would be against the ground reality to expect
    the witnesses to depose exactly on whi~h part of the body blow landed. In
    these circumstances, even if there is some exaggeration with regard to the
    inflictions of blows, it would hardly be a ground for rejecting their testimony.
C   It may be futile to expect an exact description of the details of attack on the
    victims by each accused from the widow of one of the deceased who witnessed
    the dastardly act or from eye-witnesses. Accused were known to the widow
    and the witnesses. Their names are disclosed immediately. Hence, presence
                                                                                          ...
    of the accused at the scene of offence was established. They all were armed




                                                                                         -
    with deadly weapons and came together. In such a situation, when the
D   presence of the accused who were armed with deadly weapons is established
    beyond doubt, Sections 148 and 149 I.P.C. would come into operation and
    they would be liable for the offences. In this view of the matter, there was
    no warrant at all for the High Court to reverse the judgment of the Sessions
    Court which is analytical and well reasoned. High Court has also not given
E   due importance to the fact that FIR was lodged immediately disclosing the
    entire incident and the names of the accused. The incident took place at about
    8.30 p.m. on 14th September, 1988. FIR was recorded at 11.30 p.m. and its copy
    was received by the Illaqa Magistrate, Hissar at 4.30 a.m. on the same night.
    The FIR was lodged by Chet Singh and Bhola Singh also had accompanied
                                                                                        -
    Chet Singh at the Police Station. So Additional Sessions Judge rightly came
F   to the conclusion that within two and a half hours of the occurrence, information
    was lodged with the Police and that copy of the FIR was sent at Hissar which
    is 90 Km. from Jakhal by a special report which reached to the Magistrate at
    Hissar at 4.50 a.m. during the same night and in these circumstances, the
    evidence of the prosecution witnesses get corroboration from the FIR.
G
          The High Court also held that prosecution has failed to prove motive.
                                                                                          c
    In our view, this finding is also erroneous. Admittedly, deceased Tek Singh
    was convicted for causing injury to Mrs. Mukhtiar Kaur, wife of Gurbachan
    Singh (A-2). He was released on parole and on next day, he was assaulted            -----
    and murdered. Further, it is a say of Chet. Singh and P. W.6 Bant Kaur that Chet
H   Singh wanted to contest election for the post of Sarpanch of the village. He
                   STATE OF HARYANA v. TEK SINGH [SHAH,J.]                     977

      withdrew his candidature and Tek Singh (A-1) was elected. It is the say of A
      the witnesses that he withdrew his candidature as there was compromise and
      it was understood between him and accused that his wife would be co-opted
      as a female member of the Panchayat. This understanding was not honoured
      by Tek Singh and on that account, there was a dispute. In the cross-
      examination, he has stated that even though Gurbachan Singh and Gurrnel B
      Singh, on the one hand, and the other accused persons, namely, Tek Singh
      and others are totally from different families, they formed one group and were
      close to each other. There was no reason to disbelieve this part of the
      evidence. Further, in his Section 313 statement, the accused Tek Singh stated
      that he was falsely involved due to enmity between him and the complainant
      side; he contested the election of Sarpanch against Chet Singh and he was C
      elected; Chet Singh put pressure upon him to co-opt his wife as the member
      of the Panchayat which he refused to oblige therefore he bore grudge in his
      mind. It is the say of Gurbachan Singh in Section 313 statement that deceased
      Tek Singh had inflicted injuries to Mrs. Mukhtiar for which he was prosecuted
      and convicted. He had also dispute with him for 22 Quilla of land in Village
      Chandpur belonging to his maternal grnndfather and the deceased Tek Singh D
      was asking for share in that land, due to that reason, Tek Singh's family
      members were having grudge against him. Therefore, he and his brother were
      falsely involved in the case by Bant Kaur in consultation with Chet Singh.
      Similar statement is made by accused Gurrnail Singh. In view of the aforesaid
      evidence and statements of the accused it would be difficult to hold that there E
      was no motive on the part of the accused.

              Hence, the appeal is allowed, judgment and order passed by the High
      Court acquitting the respondents for the offences for which they were charged
      is quashed and set aside. The Judgment and Order dated 26.3.1991 passed
      by tl1e Sessions Court in Sessions Case No. 57 of 1988/33 of 1990 convicting    F
      the respondents and sentencing them is restored. Bail bonds of respondents
      are cancelled. They are directed to surrender to serve out the remaining part
',.
      of the sentence awarded to them.

      V.M.                                                        Appeal allowed.