# GURPAL SINGH v. STATE OF PUNJAB

- **Citation:** [2016] 8 S.C.R. 139
- **Court:** Supreme Court of India
- **Decided:** 2016-12-02
- **Case number:** Criminal Appeal No. 1145 of2016
- **Bench:** Dipak Misra, Amitava Roy
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/gurpal-singh-v-state-of-punjab-31375
- **Pages:** 6

## Headnote

Penal Code, 1860: s.302 and s.307 - Family dispute over
land between informant and appellant who were brothers -
On the
fateful day, when son of the informant was working in fields,
appellant started abusing hi111 - Informants son ca111e home and
complained to the informant - Informant went to the terrace of his
house and sum111oned appellant - Appellant and his son responded
A
B
c
to his call and proclai111ed that they would continue to do same -
Thereafter appellant rushed downstairs and brought his gun and
opened fire which hit the informant on the side of his head - Wife of D
the informant and friends of the informant rushed to the terrace -
On seeing the111, appellant fired towards them which hit one of the
friends resulting in his death and injury to another - Conviction of
appellant by courts below and acquittal of co-accused-son -
Conviction challenged - Held: Evidence of eye-witnesses was
consistent, coherent and reliable - Medical evidence also proved
prosecution case beyond doubt - Acquittal of co-accused has no
bearing on the inculpatory involvement of the appellant - The
involvement of appellant in the crime was proved beyond doubt -
However, the facts do not lead to the inference that the appellant
had the intention of eliminating any one of those fired at, though he
had the knowledge of the likely fatal consequences thereof - In
view of the fact situation and also the time lag in between,
conviction of the appellant 111oderated to one uls.304 Part 1 and
307 and the sentence is reduced to the period already undergone.
Partly allowing the appeal, the Court
HELD: 1. The eye-witnesses including the informant have
offered a consistent, coherent and convincing narration thereof
which docs not admit of any doubt of their trustworthiness. The
plea of their family relationship to discredit them does not
139
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140
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SUPREME COURT REPORTS
[2016] 8 S.C.R.
commend for acceptance in the attendant facts and circumstances.
Noticeably, in course of the investigation, amongst others, the
12 bore DBBL gun loaded with two live cartridges used for the
offence had been recovered from the appellant. The site plan
prepared by the investigating officer also pins the place of
occurrence as deposed by the witnesses. Further four cartridge
shells have also been recovered from the said spot. [Para 8][143B-C]
2. The medical evidence reveals injuries on the deceased
and the injured compatible with the weapon used. The charges
levelled against the appellant thus have been proved beyond
doubt. The co-accused has been acquitted in view of absence of
any incriminating evidence against him. His acquittal, having
regard to the state of evidence has no bearing on the inculpatory
involvement of the appellant somuch so, that his conviction in
isolation is sustainable. The occurrence is of the year 2004 and
meanwhile twelve years have elapsed. Further, having regard to
the root cause of the incident and the events that sequentially
unfolded thereafter, the appellant might have been overpowered
by an uncontrollable fit of anger somuch so that he was deprived
of his power of self-control and being drawn in a web of action
reflexes, fired at the deceased and the injured, who were within
his sight. The facts do not commend to conclude that the appellant
had the intention of eliminating any one of those fired at, though
he had the knowledge of the likely fatal consequences thereof.
On an overall consideration of the fact situation and also the time
lag in between, the conviction of the appellant moderated to one
under Section 304 Part 1 IPC and 307 IPC. Further, considering
the facts of the case in particular, it would meet the ends of justice,
if the sentence for the offences is reduced to the period already
undergone. The conviction of the appellant is converted to one
under Section 304 Part 1 and 307 IPC and the sentence is reduced
to the period already undergone. [Paras 9, 10 and 11][143-D,EG; 144-A]
CRIMIN AL APPELLATE JURISDICTION:

## Text

[2016] 8 S.C.R. 139
GURPAL SINGH
v.
STATE OF PUNJAB
(Criminal Appeal No. 1145 of2016)
DECEMBER 02, 2016
[DIPAK MISRA AND AMITAVA ROY, JJ.]
Penal Code, 1860: s.302 and s.307 - Family dispute over
land between informant and appellant who were brothers -
On the
fateful day, when son of the informant was working in fields,
appellant started abusing hi111 - Informants son ca111e home and
complained to the informant - Informant went to the terrace of his
house and sum111oned appellant - Appellant and his son responded
A
B
c
to his call and proclai111ed that they would continue to do same -
Thereafter appellant rushed downstairs and brought his gun and
opened fire which hit the informant on the side of his head - Wife of D
the informant and friends of the informant rushed to the terrace -
On seeing the111, appellant fired towards them which hit one of the
friends resulting in his death and injury to another - Conviction of
appellant by courts below and acquittal of co-accused-son -
Conviction challenged - Held: Evidence of eye-witnesses was
consistent, coherent and reliable - Medical evidence also proved
prosecution case beyond doubt - Acquittal of co-accused has no
bearing on the inculpatory involvement of the appellant - The
involvement of appellant in the crime was proved beyond doubt -
However, the facts do not lead to the inference that the appellant
had the intention of eliminating any one of those fired at, though he
had the knowledge of the likely fatal consequences thereof - In
view of the fact situation and also the time lag in between,
conviction of the appellant 111oderated to one uls.304 Part 1 and
307 and the sentence is reduced to the period already undergone.
Partly allowing the appeal, the Court
HELD: 1. The eye-witnesses including the informant have
offered a consistent, coherent and convincing narration thereof
which docs not admit of any doubt of their trustworthiness. The
plea of their family relationship to discredit them does not
139
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G
H
140
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B
c
D
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F
G
SUPREME COURT REPORTS
[2016] 8 S.C.R.
commend for acceptance in the attendant facts and circumstances.
Noticeably, in course of the investigation, amongst others, the
12 bore DBBL gun loaded with two live cartridges used for the
offence had been recovered from the appellant. The site plan
prepared by the investigating officer also pins the place of
occurrence as deposed by the witnesses. Further four cartridge
shells have also been recovered from the said spot. [Para 8][143B-C]
2. The medical evidence reveals injuries on the deceased
and the injured compatible with the weapon used. The charges
levelled against the appellant thus have been proved beyond
doubt. The co-accused has been acquitted in view of absence of
any incriminating evidence against him. His acquittal, having
regard to the state of evidence has no bearing on the inculpatory
involvement of the appellant somuch so, that his conviction in
isolation is sustainable. The occurrence is of the year 2004 and
meanwhile twelve years have elapsed. Further, having regard to
the root cause of the incident and the events that sequentially
unfolded thereafter, the appellant might have been overpowered
by an uncontrollable fit of anger somuch so that he was deprived
of his power of self-control and being drawn in a web of action
reflexes, fired at the deceased and the injured, who were within
his sight. The facts do not commend to conclude that the appellant
had the intention of eliminating any one of those fired at, though
he had the knowledge of the likely fatal consequences thereof.
On an overall consideration of the fact situation and also the time
lag in between, the conviction of the appellant moderated to one
under Section 304 Part 1 IPC and 307 IPC. Further, considering
the facts of the case in particular, it would meet the ends of justice,
if the sentence for the offences is reduced to the period already
undergone. The conviction of the appellant is converted to one
under Section 304 Part 1 and 307 IPC and the sentence is reduced
to the period already undergone. [Paras 9, 10 and 11][143-D,EG; 144-A]
CRIMIN AL APPELLATE JURISDICTION: Criminal Appeal No.
1145of2016.
From the Judgment and Order dated 01.10.2008 of the High Court
of Punjab and Haryana at Chandigarh in Criminal Appeal No. 378-DB
H of2004.
GURPAL SINGH v. STATE OF PUNJAB
141
Yatinder Singh, Sr. Adv.( AC), Arijeet Singh, Ms. Apraj ita
A
Anvita, Ad vs. for the Appellant.
SaurabhAjay Gupta, AAG., Ms. Naresh Bakshi, Saurabh Singhal,
Nishant Bishnoi, Advs. for the Respondent.
The Judgment of the Court was delivered by
AMITAVA ROY, J. 1. The subject matter of scrutiny is the
judgment and order dated 01.10.2008 passed by the High Court of Punjab
and Haryana at Chandigarh in Criminal Appeal No. 378-DB of 2004
concurring with the verdict of the Trial Court in convicting the appellant
B
for the offence under Sections 302 and 307 IPC while acquitting the coaccused Harpartap Singh, his son. Following his conviction, the appellant
C
had been awarded sentence of life imprisonment and fine of Rs.5,000/-
with default sentence under Section 302 IPC and five years rigorous
imprisonment and fine ofRs.2,000/-with default sentence under Section
307 IPC. Both the sentences have been ordered to run concurrently.
The High Court has concurred with the sentence as well.
D
2. We have heard Mr. Yatindra Singh, Senior Advocate, learned
Amicus Curiae for the appellant and Mr. Saurabh Ajay Gupta, learned
counse I for the respondent.
3. The incident witnessing the death of Jatinder Singh and the
injuries sustained by Lakhwinder has the genesis in a trifle. On a statement
rendered with regard thereto by Gurdial Singh(PW 1 ), the First Information
Report was registered against the appellant and his son Harpartap. It
was alleged that over a lingering land dispute between the informant and
the appellant, who are brothers, on 06.07 .2002, while Jugraj, the son of
the informant was in his fields, the appellant had hurled abuses to him.
Jugraj having felt humiliated and anguished, on returning home, complained
about the same to his father Gurdial, the informant. The houses of the
brothers were adjacent to each other. When the appellant returned
home from his fields, the infonnant went to the terrace of the roof of his
house and summoned the former to that of his. The appellant and his
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son Harpartap responded to the call whereafter informant enquired of G
Gurpal as to why he had abused his son. This enraged the appellant and
while arrogantly proclaiming that he was not only justified to do so but
that he would continue to conduct himself as done, rushed downstairs of
his house and brought his DBBL gun. His son Harpartap, the acquitted
co-accused was also with him. It is alleged by the prosecution that on
H
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[2016] 8 S.C.R.
the exhortation of Harpartap, the appellant opened fire, which hit the
informant on the side of his head. Meanwhile drawn by the commotion,
Paramjit Kaur, the wife of the informant, Jatinder Singh and Lakhwinder
Singh, friends of Jugraj rushed to the terrace. On seeing them, the
appellant fired from his gun towards them, which hit Paramjit and Jatinder
on their abdomen and Lakhwinder on his mouth and head. On hue and
cry being raised, the appellant and the accused fled the scene.
4. The injured were rushed to the Guru Nanak Dev Hospital,
Amritsar where they were treated. However, Jatinder succumbed to
the in j Liries sustained. After completing the investigation, charge-sheet
was laid against both the accused persons under Sections 302 and 307
IPC.
5. The accused persons denied the charge and, therefore were
tried. The prosecution examined several witnesses including the
informant, the injured and the doctor who had performed the post-mortem
examination and had attended the injuries of others involved. The accused
persons were examined under Section 313 Cr.P.C. and on the completion
of the trial, the Trial Court convicted the appellant under Sections 302,
307 IPC but acquitted the co-accused Harpartap. Tore iterate, the High
Court has affirmed the conviction and the sentence recorded by the
Trial Court.
6. The learned Amicus Curiae has persuasively argued that the
prosecution has utterly failed to prove the charge against the appellant
which is patently deducible amongst others from the exoneration of the
co-accused Harpartap, who allegedly had instigated the former to open
fire on the deceased and the injured. Apart from contending that all the
purported eye-witnesses are relatives inter se, and therefore inherently
partisan and thus are wanting in creditability, the learned senior counsel
in the alternative has urged without prejudice that even if the prosecution
case, as projected, is accepted in its entirety, no case for murder or
attempt therefor has been proved and, therefore in any view of the matter,
the sentence needs to be reduced appropriately.
7. The learned counsel for the respondent, as against this, has
urged that in the face of telltale testimony of the injured eye-witnesses,
supported on all fours by the medical evidence, the charge levelled against
the appel I ant stands proved beyond reasonable doubt and thus the
concurrent determinations of the courts below do not warrant any
GURPAL SINGH v. STATE OF PUNJAB
f AMITAVA ROY, J.l
interference in the appeal.
8. We have examined the evidence pertaining to the incident as
available on records. The eye-witnesses including the informant have
offered a consistent, coherent and convincing narration thereof which
does not admit of any doubt of their trustworthiness. The plea of their
family relationship to discredit them does not commend for acceptance
in the attendant facts and circumstances. Noticeably, in course of the
investigation, amongst others, the 12 bore DBBL gun loaded with two
live cartridges used for the offence had been recovered from the appellant.
The site plan prepared by the investigating officer also pins the place of
occurrence as deposed by the witnesses. Further four cartridge shells
have also been recovered from the said spot.
9. The medical evidence reveals injuries on the deceased and the
injured compatible with the weapon used. The charges levelled against
the appellant thus have been proved beyond doubt. The co-accused
Harpartap has been acquitted in view of absence of any incriminating
evidence against him. His acquittal, having regard to the state of evidence
has no bearing on the inculpatory involvement of the appellant somuch
so, that his conviction in isolation is sustainable.
I 0. However, in the singular facts of the case and noticing in
particular, the progression of events culminating in the tragic incident,
we are inclined to reduce the sentence awarded to him. Incidentally, the
occurrence is of the year 2004 and meanwhile twelve years have elapsed.
Further, having regard to the root cause of the incident and the events
that sequentially unfolded thereafter, we are of the comprehension that
the appellant was overpowered by an uncontrollable fit of anger somuch
so that he was deprived of his power of self-control and being drawn in
a web of action reflexes, fired at the deceased and the injured, who
· were within his sight. The facts do not commend to conclude that the
appellant had the intention of eliminating any one of those fired at, though
he had the knowledge of the likely fatal consequences thereof. Be that
as it may, on an overall consideration of the fact situation and also the
time lag in between, we are of the view that the conviction of the appellant
ought to be moderated to one under Section 304 Part 1 IPC and 307
IPC. Further, considering the facts of the case in particular, according
to us, it would meet the ends of justice, if the sentence for the offences
is reduced to the period already undergone. We order accordingly.
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[2016] 8 S.C.R.
11. Ex-consequenti, the appeal is partly allowed. The conviction
of the appellant is converted to one under Section 304 Part I and 307
IPC and the sentence is reduced to the period already undergone. In
this view of the matter, as a corollary, the appellant is hereby ordered to
be set at liberty forthwith, if he is not required to be detained in connection
with any other case.
Dcvika Gujral
Appeal partly allowed.