Satnam Singh @ Sattu vs State Of Punjab
2023 Latest Caselaw 8747 P&H

                        CRA-S-1127-2021 (O&M)                                                -1-
                        CRA-S-1248-2022 (O&M)

                               In the High Court of Punjab and Haryana at Chandigarh


                        1.                                         CRA-S-1127-2021 (O&M)
                                                                   Reserved on: 26.5.2023
                                                                   Date of Decision: 01.6.2023

                        Satnam Singh @ Sattu                                       ......Appellant


                                                          Versus


                        State of Punjab                                            ......Respondent

                        2.                                         CRA-S-1248-2022 (O&M)

                        Pritpal Singh @ Billa                                      ......Appellant


                                                          Versus


                        State of Punjab                                            ......Respondent


                        CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

                        Present:    Mr. Pulkit Dagar, Advocate for
                                    Mr. Kunal Muthreja, Advocate
                                    for the appellant (in CRA-S-1127-2021).

                                    Mr. Kushagra Mahajan, Advocate
                                    for the appellant (in CRA-S-1248-2022).

                                    Ms. Monika Jalota, Sr. DAG, Punjab.

                                                ****

                        SURESHWAR THAKUR, J.

1. Since both the appeals (supra) arise from a common verdict,

made by the learned trial Judge concerned, hence both are amenable for a

common verdict being made thereons.

2. Both the appeals (supra) are directed against a common verdict

of conviction, made on 12.8.2021, against the convicts-appellants, upon

Sessions case No. 199 of 22.4.2019, thus by the learned Sessions Judge, GURPREET SINGH 2023.06.02 12:59

Amritsar. Through the above said verdict, the learned trial Judge concerned, I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -2-

CRA-S-1248-2022 (O&M)

convicted the accused, for the commission of offence punishable, under

Section 379-B read with Section 34 of the IPC. Moreover, through a

separate sentencing order of even date, the learned trial Judge concerned,

sentenced the convicts to undergo rigorous imprisonment for a period of six

years, for an offence punishable under Section 379-B read with Section 34

of the IPC, besides also imposed, upon the convicts sentence of fine,

comprised in a sum of Rs. 10,000/- each, and, in default of payment of fine

amount, she sentenced the convicts to undergo rigorous imprisonment for a

period of six months. However, both the convicts were acquitted of the

charge framed against them qua commission of an offence punishable under

Section 411 read with Section 34 of the IPC.

3. The periods of detention undergone by the convicts, during the

investigations, and, trial of the case, were, in terms of Section 428 of the

Cr.P.C., rather ordered to be set off, from the above imposed sentence(s) of

imprisonment.

4. The accused-convicts become aggrieved from the above drawn

verdict of conviction, besides also, become aggrieved from the consequent

therewith sentences of imprisonment, and, of fine as became imposed, upon

them, by the learned convicting Court concerned, and, hence have chosen to

institute thereagainst the instant criminal appeals, before this Court.

Factual Background

5. The genesis of the prosecution case, becomes embodied in the

appeal FIR, to which Ex. P-7 is assigned. The narrations carried in Ex. P-7,

are that on 28.06.2016 SI Satinder Pal Singh, Incharge Police Post Khasa

alongwith other officials of police party, was present in the area of

Hamidpura colony near India Gate, in connection with patrolling and search GURPREET SINGH

of bad elements, where complainant Akshay Kumar son of Prem Chand, 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -3-

CRA-S-1248-2022 (O&M)

resident of Bharoli Khurd, Police Station Sujanpur, district Pathankot,

appeared, and, got recorded his statement before SI Satinder Pal Singh to the

effect that he is the resident of the above mentioned address, and, is working

in SKS Micro Finance Company having office at Naraingarh, Amritsar. On

that day, after making collection on behalf of company, he was going from

Jhabal Kalan to Chheharta, Amritsar, on his motorcycle. On the way at about

12.15 p.m. in the area of turning of village Basrake Bhaini, three young

persons came on a motorcycle, and, brought their motor cycle parallel to his

motorcycle. One of the riders of the aforesaid motorcycle, forcibly snatched

his bag containing cash of Rs.60,000/-, one Tab Samsung and two new

mobile phones of Nokia, and then they fled towards Chheharta side. Out of

the three snatchers, two were clean shaven, and, one was wearing a turban

(patka), and all of them were wearing capris. On the above allegations, FIR

under sections 379-B/411/34 of the Indian Penal Code was registered.

Investigation proceedings

6. During investigation, site plan of the place of occurrence was

prepared, and, statements of witnesses were recorded. On 15.07.2016

accused Baljit Singh made disclosure statement in case FIR No. 87 dated

16.06.2016 registered at Police Station Gharinda, that on 28.06.2016 he

alongwith his companions Satnam Singh and Pritpal Singh committed

snatching in the area of Sun Sahib road, Chheharta, Amritsar. Accordingly,

accused Baljit Singh was arrested in this case on 16.07.2016 and then on

17.07.2016 in pursuance to his disclosure statement he got recovered six

currency notes of the denomination of Rs. 500/-each. Accused Pritpal Singh

was arrested on 17.07.2016, and, then in pursuance to his disclosure

statement, he got recovered four currency notes in the denomination of GURPREET SINGH

Rs. 500/- each. He also made disclosure statement that on 28.06.2016 he 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -4-

CRA-S-1248-2022 (O&M)

alongwith his companions Satnam Singh and Baljit Singh committed

snatching of bag from Akshay Kumar, and that on reaching village, Satnam

Singh gave Rs. 5,000/- each to him and Baljit Singh, and, retained the bag

with him. Accused Satnam Singh was arrested on 18.4.2017. Accused were

got identified by the complainant. During investigation of the case, accused

Baljit Singh had expired on 28.12.2017. After conclusion of investigations,

the investigating officer concerned, proceeded to institute a report under

Section 173 of the Cr.P.C., against accused Pritpal Singh and accused

Satnam Singh, before the learned committal Court concerned.

Committal Proceedings

7. Since the offence under Section 379-B of the IPC was

exclusively triable by the Court of Session, thus, the learned committal

Court concerned, through a committal order made on 8.4.2019, hence

proceeded to commit the accused to face trial before the Court of Session.

Trial Proceedings

8. The learned trial Judge concerned, after receiving the case for

trial, after its becoming committed to him, made an objective analysis of the

incriminatory material, adduced before him. Resultantly, he proceeded to

draw charges against the accused, for offences punishable under Sections

379-B/411/34 of the IPC. The afore drawn charges were put to the accused,

to which they pleaded not guilty, and, claimed trial.

9. In proof of its case, the prosecution examined eight witnesses,

and, thereafter the learned Public Prosecutor concerned, closed the

prosecution evidence. After the closure of prosecution evidence, the learned

trial Judge concerned, drew proceedings, under Section 313 of the Cr.P.C.,

but thereins, the accused pleaded innocence, and, claimed false implication. GURPREET SINGH

The accused also chose to adduce defence evidence, but did not lead any 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -5-

CRA-S-1248-2022 (O&M)

defence witness into the witness box.

10. As above stated, the learned trial Judge concerned, proceeded to

convict the accused for the charge(s) (supra), as became drawn against them,

and, also as above stated, proceeded to, in the hereinabove manner, impose

the sentence(s) of imprisonment, as well as of fine, upon the convicts.

Submissions of the learned counsels for the appellants

11. The learned counsels for the aggrieved convicts-appellants have

argued before this Court, that the impugned verdict of conviction, and,

consequent therewith order of sentence, require an interference. They

support the above submission on the ground, that it is based on a gross

misappreciation, and, non-appreciation of evidence germane to the charge.

Submissions of the learned State counsel

12. On the other hand, the learned State counsel has argued before

this Court, that the verdict of conviction, and, consequent therewith

sentence(s) (supra), as become imposed upon the convicts, is well merited,

and, does not require any interference, being made by this Court in the

exercise of its appellate jurisdiction. Therefore, he has argued that the instant

appeals, as preferred by the convicts, be dismissed.

Analysis of the statement of complainant Akshay Kumar, who stepped into the witness box as PW-1

13. In support of the prosecution case, the complainant Akshay

Kumar stepped into the witness box as PW-1, and, in his examination-in-

chief, he made speakings, which are in tandem with his previously made

statement Ex. P1, to the police officer concerned. Though, the accused were

previously unknown to the complainant, but since in his previously made

statement to the police officer concerned, he described the key physical GURPREET SINGH 2023.06.02 12:59 attributes of the accused, which led the investigating officer concerned, to I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -6-

CRA-S-1248-2022 (O&M)

hold a test identification parade, whereins, through identification memos, to

which respectively Ex. P-2 and Ex. P-3 become assigned, thus the

complainant identified the accused. Therefore, with the complainant

identifying the accused, thus also in the Court, rather is not a legally

unworthy identification, as during the course of investigations, the

complainant through apposite identification memos to which Ex. P-2 and

Ex. P-3 becomes assigned, did proceed to then identify the accused.

14. Though, the appeal FIR (Ex. P-7), carries a narrative about the

accused snatching from the complainant Rs. 60,000/-, a Tab Samsung, as

also two mobile phones of make Nokia. However, a reading of the cross-

examination of the complainant reveals, that he was unable to produce on

record original/photocopy of ownership documents, thus relating to the

above. Therefore, besides when recovery of the above items remained

unaffectuated at the instance of the accused concerned, to the investigating

officer concerned, resultantly a conclusion is required to be drawn, that the

snatchings of the above items, allegedly by the accused concerned, from the

complainant, thus does not become cogently established.

15. Be that as it may, during the course of investigations, being

made into the appeal FIR (Ex. P-7), the deceased co-accused Baljit Singh

made a signatured disclosure statement, before the investigating officer

concerned, and, to which Ex. P-17 becomes assigned. In the said disclosure

statement, he assigned an incriminatory role to both the convicts, before this

Court. In pursuance to the said disclosure statement, the said deceased co-

accused Baljit Singh, ensured recovery of six currency notes in the

denomination of Rs. 500/- each, to the investigating officer concerned. The

above recovery was made through recovery memo Ex. P-16. GURPREET SINGH

16. Be that as it may, an incrimination, also became assigned by 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -7-

CRA-S-1248-2022 (O&M)

deceased co-accused Baljit Singh, thus in his disclosure statement Ex. P-17

rather to both the convicts, before this Court, namely Pritpal Singh @ Billa

and Satnam Singh @ Sattu. Therefore, the incrimination, as was assigned in

Ex. P-17 to the convicts (supra), before this Court, was also required to be

cogently established by the prosecution.

17. Though, the investigating officer concerned, did not, during the

course of his carrying investigations into the appeal FIR Ex. P-7, record the

disclosure statement of co-convict Satnam Singh @ Sattu. However, though

the above wants, do not prima facie appeal to the judicial conscience of this

Court, rather to sustain the verdict of conviction, as drawn against co-convict

Satnam Singh. Nonetheless, the investigating officer concerned, during the

course of his carrying investigations into the appeal FIR Ex. P-7, had taken

to record the disclosure statement of co-convict Pritpal Singh @ Billa. The

said disclosure statement becomes embodied in Annexure P-15, and, is

signatured by co-convict Pritpal Singh @ Billa. The contents of Ex. P-15,

are ad verbatim extracted hereinafter.

"In the presence of following witnesses accused Pritpal Singh @ Billa son of Dilbagh Singh, Caste Majbi, resident of Jhabal, P.S. Jhabal District Tarn Taran made disclosure statement that he used to consume Heroin alongwith Satnam Singh @ Sattu son of Gurdial Singh, Caste Majbi, resident of Jhabal and Baljit Singh @ Gora son of Balwinder Singh, Caste Majbi, resident of Mannan, Police Station Jhabal, District Tarn Taran and said heroin was got supplied by Satnam Singh Sattu for consuming and we used to do bad work and due to lack of money Satnam Singh @ Sattu told us that he will took them to somewhere and if someone has money with them, we will snatch that money. On 28.06.2016, I alongwith Satnam Singh @ Sattu son of Gurdial Singh, Caste Majbi resident of Jhabal and Baljit GURPREET SINGH 2023.06.02 12:59 I attest to the accuracy and Singh @ Gora son of Balwinder Singh, Caste Majbi, resident of authenticity of this order/judgement CRA-S-1127-2021 (O&M) -8-

CRA-S-1248-2022 (O&M)

Mannan, Police Station Jhabal, District Tarn Taran, on one motorcycle Splendor without any number, which has already been taken into possession by you and one case bearing FIR No. 92 dated 01.07.2016 under section 379, 411 IPC was registered against me, and that motorcycle was being driven by Satnam Singh @ Sattu and Baljit Singh @ Gora was pillion rider of that motorcycle and I was sitting behind and Satnam Singh @ Sattu was having knowledge that one agent namely Akshay Kumar of SKS Finance Company to whom he already knew that he used to attend meetings in our village at different places and collect the money. We followed him on our motorcycle from Village Jhabal Kalan and stopped him at Village Basarke Bhaini on the road leading from Sann Sahib to Chhehrata Road and snatched his bag and fled away our motorcycle and when we reached at Village, Satnam Singh @ Sattu gave Rs. 5000/- each to me and Baljit Singh @ Gora and bag was kept by him in his possession and I do not know what was lying in that bag and Rs. 5000/- which was given to me by Satnam Singh @ Sattu, kept concealed by me in almirah of my house and I can get recovered the same. "

18. A perusal of the above extracted contents of Ex. P-15, unravels,

that the maker thereof had confessed his receiving from convict Satnam

Singh @ Sattu a sum of Rs. 5,000/-, and, further his evincing his willingness

to cause recovery thereof, thus from an almirah located in his house.

19. Though, there is no denial by co-convict Pritpal Singh @ Billa

about the authenticity of his signatures, as carried on Ex. P-15, nor though

the said denial has been ably proven, through adduction of best evidence,

comprised in the report of the hand writing expert concerned. However, yet

through recovery memo Ex. P-14, he caused the recovery of four currency

notes in a denomination of Rs. 500/- each, from an iron almirah lying in the

room of his house. The said recovery memo is signed by ASI Dharminder GURPREET SINGH 2023.06.02 12:59 authenticity of this order/judgement Singh. It is but from the above contents of Ex. P-15, that an incrimination I attest to the accuracy and CRA-S-1127-2021 (O&M) -9-

CRA-S-1248-2022 (O&M)

was drawn against co-convict Satnam Singh, irrespective of his not making

any disclosure statement to the police officer concerned, nor his causing any

recovery to the investigating officer concerned.

20. It appears that, on the basis of the said disclosure statement

Ex. P-15, and, consequent thereto recovery, as became made to the

investigating officer concerned, through Ex. P-14, that reiteratedly an

incrimination was drawn against co-convict Pritpal Singh @ Billa, and, co-

convict Satnam Singh @ Sattu. However, for the reasons to be assigned

hereinafter, this Court does not deem it fit, and, appropriate to assign any

evidentiary tenacity to the above memos.

21. The reason for making the above inference, becomes grounded

in the factum, that though the investigating officer concerned, who drew the

above memos, had expired at the time of the production of the case property

(supra), before the learned trial Judge concerned, but yet the signatures of

the deceased investigating officer concerned, were proven by the police

officer concerned. Moreover, ASI Dharminder Singh, the marginal witness

to recovery memo Ex. P-14, had also stepped into the witness box as PW-6,

thus for adducing proof qua the recitals, as carried thereins. Though, a

reading of his examination-in-chief, reveals that, he has made speakings

thereins, about the authenticity of drawings of the above memos. However,

in his cross-examination, he made speakings, that the room inside the house

of convict Pritpal Singh @ Billa, whereins, the relevant almirah was located,

thus was free to be openly accessed, and, was also free for being ingressed

into, and, from being egressed therefrom. Moreover, a reading of his cross-

examination also unravels, that the almirah wherefrom the relevant recovery,

as was made through Ex. P-14, rather was not locked. GURPREET SINGH

22. The most startling aspect of the cross-examination of PW-6, is 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -10-

CRA-S-1248-2022 (O&M)

comprised in the stark factum, that the production in Court, was of those

recovered thus six currency notes, in the denomination of Rs. 500/- each,

thus totaling Rs. 3,000/-, whereas, the recovery memo Ex. P-14 rather

speaks, about four currency notes in the denomination of Rs. 500/- each,

becoming allegedly recovered from the open almirah, kept in the open room

of the house of convict Pritpal Singh @ Billa. It appears that the four

currency notes in the denomination of Rs. 500/- each, as became recovered

through Ex. P-14, at the instance of co-convict Pritpal Singh @ Billa, were

never produced in Court, rather the recovery, as made of six currency notes

in the denomination of Rs. 500/- each, rather from deceased co-accused

Baljit Singh, rather did become produced in Court. The effect of the above

would be deliberated upon subsequently.

23. Therefore, if the recovery, as made through recovery memo Ex.

P-14, thus in pursuance to the disclosure statement Ex. P-15, was made from

an open almirah, kept inside the open room of the house of co-convict

Pritpal Singh @ Billa, as such the said recovery, as made through recovery

memo Ex. P-14, becomes vulnerable to skepticism. The reason being that,

the unlocked almirah, located inside the open room of co-convict Pritpal

Singh @ Billa, thus was freely accessible, thus even to the investigating

officer concerned, to but contemporaneously to his accompanying the

convict to the relevant place of recovery, rather place the said currency notes

inside the open almirah located in the open room, inside the house of co-

convict (supra). In consequence, it appears, that thereby both the disclosure

statement Ex. P-15, and, also the consequent thereto recovery memo

Ex. P-14, are thus engineered rather to falsely implicate the accused. As but

a natural corollary, no credence is to be assigned to the disclosure statement GURPREET SINGH

Ex. P-15, and, also the consequent thereto recovery memo Ex. P-14.

2023.06.02 12:59
I attest to the accuracy and
authenticity of this
order/judgement
                         CRA-S-1127-2021 (O&M)                                                  -11-
                        CRA-S-1248-2022 (O&M)

24. The effect of the non-assigning of credence to the above, is that,

the confession, as made by convict Pritpal Singh @ Billa about his receiving

the said currency notes from co-convict Satnam Singh @ Sattu, does thereby

concomitantly loose its creditworthiness. In sequel, the incrimination, as

drawn against co-convict Satnam Singh @ Sattu, thus on the basis of the

above disclosure statement Ex. P-15, and from the consequent thereto

recovery, as made through recovery memo Ex. P-14, rather also looses the

apposite evidentiary vigour, and/or, for the reasons (supra), thus becomes

belied.

25. Moreover, the investigating officer concerned, produced in

Court, the currency notes recovered through recovery memo Ex. P-16, from

the almirah lying in the house of deceased co-accused Baljit Singh.

However, the currency notes, as became allegedly recovered by accused

Pritpal Singh @ Billa, through recovery memo Ex. P-14, were not produced

in Court. Therefore, for want of production in Court of the currency notes, as

became purportedly recovered at the instance of co-convict Pritpal Singh @

Billa through recovery memo Ex. P-14, belies the incriminatory role, as

assigned to co-convict Pritpal Singh @ Billa. Since the above co-accused

deceased Baljit Singh died during the pendency of the investigations,

therefore, when he was not required to be tried by the learned trial Judge

concerned, as such, there was no requirement of recovery, as was made by

him to the investigating officer concerned, to become produced in Court,

thus in respect of charges drawn against the other co-convicts.

Final order

26. The result of the above discussion, is that, this Court finds merit

in both the appeals, and, is constrained to allow them. Consequently, both GURPREET SINGH

the appeals are allowed. The impugned judgment convicting, and, 2023.06.02 12:59 I attest to the accuracy and authenticity of this order/judgement CRA-S-1127-2021 (O&M) -12-

CRA-S-1248-2022 (O&M)

sentencing the appellants, and, as becomes recorded by the learned trial

Judge, concerned, is quashed, and, set aside. Both the appellants are

acquitted of the charges framed against them. The fine amount, if any,

deposited by them, be, in accordance with law, refunded to them. The

personal, and, surety bonds of the accused shall stand forthwith cancelled,

and, discharged. The case property be dealt with, in accordance with law,

but after the expiry of the period of limitation for the filing of an appeal. The

appellants, if in custody, and, if not required in any other case, be forthwith

set at liberty. Release warrants be prepared accordingly.

27. Records be sent down forthwith.

28. The miscellaneous application(s), if any, is/are also disposed of.

                                                                (SURESHWAR THAKUR)
                                                                      JUDGE

                        June 01, 2023
                        Gurpreet

                        Whether speaking/reasoned :            Yes
                        Whether reportable        :            Yes




GURPREET SINGH
2023.06.02 12:59
I attest to the accuracy and
authenticity of this
order/judgement