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2002 DIGILAW 714 (PNJ)

Shano @ Shanti v. State Of Punjab

2002-07-25

HEMANT GUPTA, R.L.ANAND

body2002
Judgment 1. Crl. Appeal No. 271-DB of 1996 has been filed by Smt. Shano wife of Kishori Lal, resident of village Dakoha,Tehsil and District Jalandhar and Crl. Appeal No. 19-DB of 1998 has been filed by her co-accused Ajmer Singh resident of village Bhojowal, Police Station Sadar, Jalandhar and both these appeals have been directed against the judgment and order dated 12th March, 1996 passed by the Court of Additional Sessions Judge, Ludhiana, who convicted both the appellants under Section 396 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 2000/- each. In default of payment of fine, each one of the appellants was directed to undergo R.I. for a period of six months. 2. It may be mentioned here that along with two appellants, three more persons namely, Gurmit Singh. Inderjit Singh and Kulwinder Singh @ Billa were tried for the various offences but the trial Court gave finding that the prosecutions have not been able to prove the charge/charges against these persons. 3. Smt. Shano and her co-accused Ajmer Singh were charge-sheeted by the trial Court that on 23.5.1992 at about 11.15 A.M. in the area of Joshi Nagar, Haibowal Kalan, they along with their companions committed dacoity and while committing the dacoity, they murdered Smt. Satinder Kaur when the actual death was caused by Ajmer Singh appellant and thereby they committed the offence punishable under Section 396 IPC. The appellants were further charge-sheeted that on the same day, time and place, the appellants with their companions dishonestly converted for their own use an amount of Rs. 30,000/- one gold Kara weighing 21 grams, one gold chain weighing 16, grams one pair of ear ring, two gold finger rings, one gold pair of topas knowingly that such property was in lawful possession of Smt. Satinder Kaur deceased at the time of her death and thereby they allegedly committed an offence punishable under Section 404 IPC. 30,000/- one gold Kara weighing 21 grams, one gold chain weighing 16, grams one pair of ear ring, two gold finger rings, one gold pair of topas knowingly that such property was in lawful possession of Smt. Satinder Kaur deceased at the time of her death and thereby they allegedly committed an offence punishable under Section 404 IPC. The appellants were also charge-sheeted on the same day, time and place and jointly with their companions committed lurking house trespass by entering into the house belonging to Smt. Satinder Kaur and Paramjit Singh and the said building was being used as a human dwelling and that Ajmer Singh appellant at the time of committing such offence voluntarily caused the death of Smt. Satinder Kaur with the help of the firearm and thereby they allegedly committed an offence punishable under Section 460 of the Indian Penal Code. 4. The F.I.R. (Ex. PW-4/A) in this case was registered on the statement of Shri Paramjit Singh son of Shri Kirpal Singh, husband of the deceased, who deposed to S.I. Baldev Singh, Incharge Police Post Haibowal Kalan, District Ludhiana, attached with Police Station Sarabha Nagar, Ludhiana and it was, inter alia, stated by the complainant that he was working as a stamp vendor in the old Courts. On the day of occurrence at about 11.15 A.M. he and his wife Smt. Satinder Kaur and his daughter Simarpreet Kaur and Raj Kumar son of Bahour Singh Jamadar, resident of Durga Puri, Haibowal were present in the house. At that point of time, one woman named Shano resident of village Dakoha, district Jalandhar who used to come there along with a Sikh Youngman who had worn a yellow coloured Patka on his head, aged about 25-26 years and having his flying beard came there. There were also three Hindu gentlemen who were of the ages between 25 and 30 years and they were clean shaven. They were of middle height persons and thinly built. His wife Satinder Kaur was lying on the bed. The Sikh young man started firing on the head of his wife and also fired on her both legs as soon as he entered. Thereafter all the persons started searching the goods. They removed about Rs. 30,000/- from the safe of Godrej Almirah. His wife Satinder Kaur was lying on the bed. The Sikh young man started firing on the head of his wife and also fired on her both legs as soon as he entered. Thereafter all the persons started searching the goods. They removed about Rs. 30,000/- from the safe of Godrej Almirah. His wife was wearing Kara of 21 grams around her wrist; she was also wearing a gold chain about 16 grams around her neck and the same were taken away after removing from her body. The trespassers also stolen one pair of ear ring weighing about 10 grams. Two lady-finger ring weighing about 10 grams. They further took away the topas weighing about 3 grams which were worn by his daughter Simarpreet Kaur. They raised a lalkara, upon which all the accused persons ran away from the place of occurrence. They did not show any resistance to the offenders out of fear. It has been further stated by Shri Paramjit Singh that when he was going to the Police Post for lodging the FIR, the Police Party met him on the way and that his wife had expired in Dayanand Medical College and Hospital, Ludhiana. The above statement Ex. PW-4/A was read over and explained to the complainant who signed the same in token of its correctness on 23.5.1992. The Thanedar Shri Baldev Singh (PW-6) made endorsement and it was sent to Police Station through Constable Rachhpal Singh, on the basis of which formal first information report Ex. PW-4/B was recorded in the police station. Thereafter, the police party alone with Paramjit Singh came to Dayanand Hospital where the dead-body of Smt. Satinder Kaur was lying. The Thanedar prepared inquest report Ex.PW-6/A. It was sent for post-mortem examination under supervision of Constable Gurmail Chand and Kulwant Singh along with police request Ex. PW-6/B. Thereafter, the investigating officer came to the place of occurrence and prepared rough site plan Ex. PW-6/C with correct marginal notes in the presence of Shri Paramjit Singh and his daughter Simarpreet Kaur. He took into possession blood-stained bed-sheet from the place of occurrence vide recovery memo Ex. PW-6/D. lie further took blood-stained earth from the place which was made into a sealed parcel and taken into possession vide memo Ex. PW-6/E. 5. PW-6/C with correct marginal notes in the presence of Shri Paramjit Singh and his daughter Simarpreet Kaur. He took into possession blood-stained bed-sheet from the place of occurrence vide recovery memo Ex. PW-6/D. lie further took blood-stained earth from the place which was made into a sealed parcel and taken into possession vide memo Ex. PW-6/E. 5. On the same say, Constable Gurmail Chand after the post-mortem examination produced before the Thanedar the belongings of the deceased such as one shirt, one salwar, one kachhi and one brassier. These clothes made into sealed parcel and taken into possession vide recovery memo Ex. PW-6/F. The said constable also produced the sealed phial containing pellets which were removed from the dead-body of Smt. Satinder Kaur by the doctor and phial was taken into possession vide Memo Ex. PW-6/G. On return to the police station the said Thanedar deposited the case property with seal intact with the Moharrar Head Constable. The investigation of this case remained with this officer upto 14th June, 1992 and thereafter it was entrusted to S.I. Gurdail Singh (PW-9). 6. P.W.1 is Dr. Kulwant Singh, Medical Officer, Civil Hospital, Ludhiana who on 23.5.1992 at about 5.00 P.M. conducted the post-mortem examination on the dead-body of Smt. Satinder Kaur. The length of the body was 5-1" It was a body of well built and nourished female wearing Salwar, Kamiz, Bra, Churi and underwear. Post-mortem staining was present at the back, Rigour Mortis was fully present. The doctor found oval lacerated wound about 1-1/2 cm diameter on the lateral back of pinna of left ear with inverted margins. Blackening was present all over the left ear. On exploration of skull, injury No. 1 enter skull after fracturing the left temporal bone lacerating of brain matter and membranes. Cranial cavity was full of blood. On exploration of the brain tissue, 25 foreign bodies were found along with the pieces of bones of skull. Rest of the organs were healthy. Stomach contained 20cc of digestive juices. The doctor opined that the cause of death in this case in his opinion was due to shock haemorrhage, as a result of head injury which was sufficient to cause death in ordinary course of nature. All the injuries were anti-mortem in nature. The probable time elapsed between the injuries and death was immediate and the time elapsed between death and post-mortem examination was about 6 hours. All the injuries were anti-mortem in nature. The probable time elapsed between the injuries and death was immediate and the time elapsed between death and post-mortem examination was about 6 hours. The doctor handed over to the police the post-mortem report Ex. PA and Ex. PA/1 is the pictorial diagram showing the seats of injuries. 7. The second investigating officer in this case is S.I. Gurdial Singh PW-9, who took charge of this investigation on 16th August, 1992. On 17th September, 1992 he obtained the production warrants of Kulwinder Singh (since acquitted) and brought him from the Ferozepur Jail and he was produced before the J.M.I.C. Ludhiana. On 27.10.1992 on the basis of the wireless message, this officer obtained the production warrants of Smt. Shano and Ajmer Singh appellant when they were brought from the Central Jail, Patiala and they were produced before the J.M.I.C. Ludhiana. On 23.11.1992 on the basis of information from Police Station City Rajpura, this officer obtained production warrants of Gurmit Singh and Inderjit Singh and brought them from Central Jail Patiala and produced them before the J.M.I.C. Ludhiana. 8. The third Investigating Officer in this case is A.S.I. Bhajan Singh (PW7) who was then posted in C.I.A. Staff Zeera, District Ferozepur. On 11th July, 1992, he arrested Ajmer Singh appellant from near Basti Sunva, district Hoshiarpur, on suspicion and from the personal search of Ajmer Singh, a country made pistol of 12 bore was recovered from the left dub (fold) of the Pyajma along with two cartridges of the same bore. A separate FIR No. 95 dated 11.7.1992 was registered in Police Station City Ferozepur. It may be mentioned here that in the said FIR Ajmer Singh has already been acquitted. 9. The fourth investigating officer in this case is D.S.P. Gurjeet Singh (PW-8) who on 16.6.1992 recorded the supplementary statement of Shri Paramjit Singh. 10. On the completion of the investigation of the case, both the appellants along with their companions, mentioned above, were challaned in the Court of area Magistrate who supplied copies of documents to the accused as required under the law and vide commitment order dated 18.9.1993, committed the accused to the Court of Session face their trial under Section 396/460 IPC. 11. 11. Vide order dated 21st October, 1993, the Court of Additional Session Judge, Ludhiana framed charges against the appellants and their co-accused under Section 396, 404 and 460 of the Indian Penal Code. The charges were read over and explained to the accused to which they placed not guilty and claimed trial. 12. In order to prove the charges the prosecution examined Dr. Kulwant Singh, Medical Officer, who conducted the post-mortem examination on the dead-body of Smt. Satinder Kaur and the material observations of this doctor have already been reproduced by us in the earlier portion of this judgment. The prosecution further examined D.S.P. Sukhdev Singh, P.W.2 who simply challaned the accused. A.S.I. Darshan Singh P.W.3 who deposed that on 11.7.1992 he was posted in Police Post Bhagat Singh Colony, P.S. City Ferozepur and he had arrested Kulwinder Singh on the basis of suspicion and recovered a country made revolver of 32 bore along with one bullet of the same bore. A separate FIR No. 96 dated 11.7.1992 was registered in Police Station City Ferozepur. It may be mentioned here that in this case Shri Kulwinder Singh non-appellant has been acquitted. Paramjit Singh is the complainant who appeared as P.W.4 and P.W.5 is Simarpreet Kaur daughter of the complainant and the testimony of both these witnesses shall be discussed by us in the subsequent part of this judgment. P.W.6 Baldev Singh is the predominant Investigating Officer whose investigation part we have already reproduced above. P.W.7 is A.S.I. Bhajan Singh who arrested Ajmer Singh from district Ferozepur along with a country made .12 bore pistols. P.W.8 is Shri Gurjeet Singh D.S.P. who simply recorded supplementary statement of Shri Paramjit Singh. P.W.9 is S.I. Gurdial Singh who arrested Shano and Ajmer Singh appellants. P.W.10 is Shri Jagdish Lal, Record Keeper of Dayanand Medical College and Hospital, Ludhiana who deposed about the admission of the injured Satinder Kaur on 23.5.1992 at 1.05 P.M. in the hospital vide CR No. 40222. According to this witness Dr. Arvind Goel who had left the hospital, medically examined this lady. The witness further deposed that as per record, Smt. Satinder Kaur expired on 23.5.1992. In fact, when she arrived in the hospital, she was already dead. Ex. PW10/A is the intimation which was sent by Dr. Sandesh Singh and EX. PW10/B is the medico-legal report of Smt. Satinder Kaur and EX. The witness further deposed that as per record, Smt. Satinder Kaur expired on 23.5.1992. In fact, when she arrived in the hospital, she was already dead. Ex. PW10/A is the intimation which was sent by Dr. Sandesh Singh and EX. PW10/B is the medico-legal report of Smt. Satinder Kaur and EX. PW10/C is pictorial diagram showing the seat of injury prepared by Dr. Arvind Goel. Ex. PW l0/D is the intimation which was sent by Doctor Arvind Goel to Police Station Sarabha Nagar about the arrival of Smt. Satinder Kaur, PW.11 is Shri Harmindr Singh Draftsman who on 28.4.1993 after visiting the place of occurrence prepared scaled site plan Ex. PW11/A in the presence of Paramjit Sigh (scale was of 1"=10). 13. On the closure of the evidence of the prosecution, the statements of the accused were recorded under Section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. The plea of Smt. Shano appellant was as follows "I am innocent. I have nothing to do with this alleged incident. I was taken into custody by the Rajpura Police from my house and falsely involved in the criminal case pertaining Police Station Rajpura in which case I have been acquitted. I have been wrongly implicated in this case." 14. Ajmer Singh appellant stated that he was innocent and has been falsely involved in this case. We need not reproduce the plea of other three persons who have already been acquitted by the trial Court. When-called upon to enter into their defence, Smt. Shano tendered in evidence wireless message Ex. DA. Ajmer Singh appellant, however, did not lead any evidence. 15. The learned trial Court vide Impugned judgment and order came to the conclusion that the prosecution has not been able to prove the charges against Inderjit Singh, Kulwinder Singh and Gurmit Singh. They were accordingly acquitted however. The trial Court was of the view that the prosecution has been able to prove the charge under Section 396 IPC against Smt. Shano and Ajmer Singh appellants and they were convicted and sentenced in the manner as stated above. Aggrieved by their conviction and sentence, the present appeal. 16. They were accordingly acquitted however. The trial Court was of the view that the prosecution has been able to prove the charge under Section 396 IPC against Smt. Shano and Ajmer Singh appellants and they were convicted and sentenced in the manner as stated above. Aggrieved by their conviction and sentence, the present appeal. 16. We have heard Shri J.S.Wasu, the learned Senior Advocate (assisted by Shri C.L. Sharma, advocate) on behalf of the appellants and Shri S.S. Randhawa, learned Deputy Advocate General on behalf of the State and with their assistance, have gone through the record of the case. 17. In these two appeals, the point of identity is most material thing for our determination. The learned counsel appearing for the appellants vehemently submitted that the prosecution has miserably failed to connect the appellants with the crime. The identify of both the appellants is not established irrespective of the fact that the investigating agency has tried to make out a case of ocular account through the statements of Shri Paramjit Singh, Smt. Simarpreet Kaur P.Ws.4 and 5 respectively but for their evidence, the evidence of the investigating officer clearly suggests that it is a case of fabrication of evidence on the part of the prosecution agency so as to work out the crime. Further, it was submitted that as per the allegations, it was appellant Ajmer Singh who fired the shot upon Smt. Satinder Kaur but his identity too is not established for the simple reason that Shri Ajmer Singh is not named in the FIR and that Smt. Shano appellant whose name figured in the FIR too, has been introduced by the police on the basis of suspicion. It was vehemently submitted that Shri Paramjit Singh and Smt. Simarpreet Kaur had no occasion to know appellant Smt. Shano and, therefore, irrespective to the fact that name of one Shano had been mentioned in the FIR, the prosecution has not been able to show that it was the appellant who was present at the time of occurrence on 23.5.1992 in the house of the deceased along with her companions in order to commit the offence. Further, it was submitted on behalf of the learned counsel for the appellants that prosecution wanted to connect the appellants with the crime through the statements of Paramjit Singh (PW-4) and Simarpreet Kaur (PW-5) who named these two appellants in Courts and the identification and naming of the appellants in Courts for the first time is meaningless. 18. On the contrary, the learned counsel appearing on behalf of the State submitted that the name of Smt. Shano appellant figured in the FIR. She had been coming to the house of the deceased earlier and, therefore, there was every probability on the part of the PWs to name Smt. Shano in the FIR. Moreover, since the occurrence had taken place inside the house, the inmates of the house were the natural witnesses. The FIR had been lodged without any delay. Moreover, Ajmer Singh was arrested by the police from the different district with the fire-arm in suggestive of the fact that he must be involved in the crime. Even if the investigating agency had failed to get the identification parade of Smt. Shano and Ajmer Singh appellants, the case of the prosecution is still established because both the witnesses and identified the appellants in Court and in support of his contention Mr. Randhawa relied upon a judgment of the Honble Supreme Court reported in 1971 CAR 416 (S.C.) Rameshwar Singh v. State of Jammu and Kashmir. The ratio of which runs as follows : "When the accused person is not previously known to the witness concerned then identification of the accused by the witness soon after the formers arrest is of vital importance because it furnishes to the investigating agency an assurance that the investigation is proceeding on right lines in addition to furnishing corroboration of the evidence to be given by the witness later in Court at the trial. From this point of view it is a matter of great importance both for the investigating agency and for the accused and a fortiori for the proper administration of justice that such identification is field without avoidable and unreasonable delay after the arrest of the accused and that all the necessary precautions and safeguards are effectively taken so that the investigation proceeds on correct lines for punishing the real culprit. It would. It would. in addition, be fair to the witness concerned who was a stranger to the accused because in that event the chance of his memory fading are reduced and he is required to identify the alleged culprit at the earliest possible opportunity after the occurrence. It is thus and thus alone that justice and fair play can be assured both to the accused and to the prosecution. The identification during police investigation, it may be recalled, it not substantive evidence in law and it can only be used for corroborating or contradicting evidence of the witness concerned as given in Court. The identification proceedings, therefore, must be so conducted that evidence with regard to them when given at the trial, enables the Court surely to form appropriate judicial opinion about its evidentiary value for the purpose of corroborating or contradicting the statement in Court of the identifying witness." 19. We have heard the rival contentions of the parties and are of the opinion that the prosecution has not been able to prove the charge against any of the appellants who deserve acquittal. As per the case of the prosecution, the occurrence took place inside the hose of the complainant and it was witnessed by Paramjit Singh and his daughter Simarpreet Kaur. First of all, we will like to discuss the statement of Shri Paramjit Singh P.W.4 in order to determine whether he knew Smt. Shano appellant. The allegation goes in the maner when Shri Paramjit Singh alleged in Ex. PW-4/A that one woman whose name was Shano, resident of Dakoha, district Jalandhar who used to come to their house also. How far this part of the prosecution story can be believed. In what connection Smt. Shano appellant had been coining to the house of the complainant who was a stamp vender by profession and was also running a beauty parlour. This lady does not reside in the locality of the complainant. She has no relationship with the family of the complainant. She hails from different district. As is evident from the statement of the complainant, then the natural anxiety of this Court would be to know how Smt. Shano whose husbands name is also not mentioned in the statement Ex.PW-4/A, had the occasion to come to Ludhiana and how she was able to manage the services of four more persons in order to commit the dacoity with murder. The proposition of law is well settled and at the cost of repetition, we can say that once accused has been named in the FIR, it is not obligatory on the part of the prosecution to arrange an identification parade, but in the present case we have not been able to come to the conclusion that the complainant party had any cause or occasion to know Smt. Shano. For the reasons already given above, let us examine this allegation of Shri Paramjit Singh from a reverse angle. Does it still probable that Smt. Shano would bring four persons with an object to commit dacioty in a broad day light in the house of known person. Broad human probabilities are the best yardstick to judge the statement of the witness and the prosecution version. After this part of the allegation of the prosecution is measured on this yardstick, we are of the considered opinion that name of one Shano, resident of Dakoha, district Jalandhar had been introduced by the investigating agency on the basis of suspicion and might be on account of notorious background and that is the reason that Smt. Shano appellant had been arrested in the case of robbery and she secured acquittal. There is every broad human probability that the police of district Ludhiana might have been informed by the police of other district that a gang is operating in Ludhiana. The modus operandi of which is to commit robberies and decoities with the help of a woman by the name of Shano. 20. Now, let us proceed further. As per the statement of Shri Paramjit Singh, a Sikh young man started firing on the head of his wife and even this witness is very categorical that appellants also fired on her both legs as soon he entered inside the house. If we see the post-mortem report of the deceased, there is no injury on the legs of the deceased. Meaning thereby that when the allegations of the FIR are in contradiction with the medical evidence, the version contained in the FIR has to be looked with suspicion and it cannot be acted upon mechanically unless we seek further corroboration. So far as appellant Ajmer Singh is concerned, he is not even named in the FIR. Meaning thereby that when the allegations of the FIR are in contradiction with the medical evidence, the version contained in the FIR has to be looked with suspicion and it cannot be acted upon mechanically unless we seek further corroboration. So far as appellant Ajmer Singh is concerned, he is not even named in the FIR. When an accused is not named in the FIR, it becomes the duty of the investigating agency to arrange for an identification parade without any delay so that the witness who, as per the version of the investigating agency, saw the culprits must get chance to identify them and if the persons allegedly involved in the offence refused to participate in the identification parade, the law Courts can always draw an adverse inference. Now let us examine the statement of Shri Paramjit Singh P.W.4 made in the Court which is a substantive piece of evidence. According to this witness, he was present in his house along with his wife, daughter and one Shri Raj Kumar. One lady came inside the house and she demanded a glass of water. He came to know her name Shano subsequently. The cat is out of the bag of the prosecution. Meaning thereby, that this witness did not know Shano appellant earlier. As we have stated above, there was no occasion for him to know her name earlier. Her name has been introduced as PW-4/A by the Investigating Officer who, in all probabilities, was made aware by the district administration that a gang is operating in the city of Ludhiana which includes a lady by the name of Smt. Shano. Out doubt is further strengthened from the statement of Shri Paramjit Singh when he stated in cross-examination that he did not visit to the house of any of the accused nor the accused had ever come and visited to his house earlier to the date of the occurrence. If this is the substantive statement of the witness, how he has been able to know the name of Shano. However, on the contrary, the defence of this lady is that her name is Swaran Kaur alias Shano and not Shano alias Shanti Devi. With regard to the identify of Shano and Ajmer Singh, we will again refer to the statement of Paramjit Singh who categorically stated that no identification parade of the accused was ever held. However, on the contrary, the defence of this lady is that her name is Swaran Kaur alias Shano and not Shano alias Shanti Devi. With regard to the identify of Shano and Ajmer Singh, we will again refer to the statement of Paramjit Singh who categorically stated that no identification parade of the accused was ever held. After the occurrence, he was seeing the accused only in the Court room. If this was the state of affairs, the identification of the accused for the first time in Court is meaning less, as this is the well settled law. Let us further proceed with regard to the presence of Shri Paramjit Singh P.W.4. It has come in the statement that lie and his daughter Simarpreet Kaur were sitting on the cot whereas his wife was sleeping, while Raj Kumar was cleaning the drain of sewerage which was lying blocked. If this is the situation and they were on the same cot on which the deceased was lying, in all probability, some part of the shot in the shape of few pellets ought to have hit P.Ws.4 and 5. As we stated earlier that this witness does not know about the number of shots. As per the allegations in the FIR, two shots were fired on the head and other on the legs which bellied by the medical evidence. In the substantive statement also, this witness states that first shot was given on her head and the subsequent was on her legs. He further states that he did not count the shot. It might be two or more than two. If this is the stand of the witness he has to be declared an unbelievable witness because his statement is direct contradiction with the medical evidence and the post-mortem report. 21. Faced with this difficulty, this Paramjit Singh was confronted with the position as to whether his supplementary statement was recorded or not. The witness stated that no supplementary statement was suffered by him Ex.PW- 4/A which is clearly incorrect. 21. Faced with this difficulty, this Paramjit Singh was confronted with the position as to whether his supplementary statement was recorded or not. The witness stated that no supplementary statement was suffered by him Ex.PW- 4/A which is clearly incorrect. In fact, the supplementary statement of this witness was recorded also in the inquest report and also by the Thanedar later on so as to re-concile the medical evidence and that was the reason that the witness took a somersault in his substantive statement when he stated that he cannot say now specifically in Court as to on which legs the shot was actually hit because he was so perplexed that he did not notice the same. Still he was sure that two shots were fired which is totally bellied from the post-mortem report. Reverting to the statement of Smt. Simarpreet Kaur P.W.5 it is stated by this lady that it was hit on the bed cover which her mother was lying asleep. In this situation, one can always receive injuries. It is not true that she knew Smt. Shano earlier. The testimony of this witness is again bellied by the medical evidence when she deposed that two other shots were fired at the legs of the deceased and all those were fired by that person from one place. On the contrary the stand of Shri Paramjit Singh is that the person who fired the shot from the pistol/revolver did not try to re-load the same. Also there is a discrepancy regarding the distance of the shot. As per this witness (PW-5) the shot was fired from more than 5-6 feet which is again bellied by the medical evidence as we find blackening of the whole face of the deceased which is possible only if the shot is fired from a very close range. The reading of the statement of this witness would further show that she has improved in material particulars. 22. As we stated earlier that the point of identity is a predominant factor which will decide the fate of this case. The reading of the statement of this witness would further show that she has improved in material particulars. 22. As we stated earlier that the point of identity is a predominant factor which will decide the fate of this case. In Balwan v. The State of Haryana, 1998(4) All India Criminal Law Reporter 474 it was observed if a witness identifies the accused for the first time in the Court who is not known to the witness earlier, the evidence of such witness becomes absolutely valueless unless there has been a previous test identification parade to test his power of observation. 23. In Jaspal Singh alias Pali etc. v. The State of Punjab, 1996(3) All India Criminal Law Reporter 482, the Honble Supreme Court was pleased to hold that if the accused is not previously known to the witness and only description is given in the complaint and there is a failure to hold an identification parade, in such a situation it can be said that the accused had not been connected with the crime and the Honble Supreme Court was pleased to set aside the conviction. Similar was the observations made by the Honble Supreme Court in Rajesh Govind Jagesha v. State of Maharashtra, 1994(4) All India Criminal Law Reporter 807 that where a person is alleged to have committed the offence and is not previously known to the witnesses, it is obligatory on the part of the investigating agency to hold identification parade for the purposes of enabling the witnesses to identify the person(s) alleged the have committed the offence. The absence of test identification may not be fatal if the accused is known or sufficiently described in complaint leaving no doubt in the mind of the Court regarding his involvement. Identification for first time in a trial is a weak evidence but delay in holding identification has to be explained satisfactorily. 24. In the present case, no identification parade was got arranged. The judgment relied upon by the learned trial Court in Rameshwar Singhs case (1971 CAR 416) (supra) in our opinion, goes against the prosecution. Identification for first time in a trial is a weak evidence but delay in holding identification has to be explained satisfactorily. 24. In the present case, no identification parade was got arranged. The judgment relied upon by the learned trial Court in Rameshwar Singhs case (1971 CAR 416) (supra) in our opinion, goes against the prosecution. In this very judgment, the Honble Supreme Court was pleased to say that when the accused person is not previously known to the witness concerned, then identification of the accused by the witness soon after the formers arrest is of vital importance because it furnishes to the investigating agency an assurance that the investigating is proceeding on right lines in additional to furnishing corroboration of the evidence to be given by the witnesses later in Court at the trial. The Honble Supreme Court further stated that it is a matter of great importance both for the investigating agency and for the accused and for the purpose of proper administration of justice that such identification should be held without avoidable and unreasonable delay after the arrest of the accused and all the necessary precautions and safeguards should be taken while conducting the identification parade. Though as per this judgment, the identification proceedings are not substantive piece of evidence, but definitely these proceedings can be used for corroboration. The Honble Supreme Court was pleased to lay stress that identification proceedings must be so conduced that evidence with regard to them when given at the trial, enables the Court safely to form appropriate judicial opinion about its evidentiary value for the purpose of corroborating or contradicting the statement in Court of the identifying witnesses. 25. Now, let us examine the statement of the investigating officer as to whether he failed to perform his duties. P.W.9 is S.I. Gurdial Singh. In his cross-examination, he has categorically stated as follows : "I had not instructed them to keep their faces muffled as they were required to be put in test identification parade. I had not applied for their test identification parade." 26. If this defunct type of investigation has been conducted, how we can say that the prosecution has been able to connect the appellants with the commission of crime. 27. It is the case of the prosecution that in the process of committing the crime, the assailants removed currency worth Rs. I had not applied for their test identification parade." 26. If this defunct type of investigation has been conducted, how we can say that the prosecution has been able to connect the appellants with the commission of crime. 27. It is the case of the prosecution that in the process of committing the crime, the assailants removed currency worth Rs. 30,000/-, besides gold ornaments, which were being worn by the deceased. So much so, they ransacked the house and took away certain gold articles which have been enumerated in the statement of Paramjit Singh PW-4. Nothing has been recovered in the shape of gold ornament either from Shano or Ajmer Singh. Ajmer Singh appellant when arrested was allegedly carrying a fire arm and in that case also he had been acquitted. Smt. Shano has stated that she was also involved in a case and she secured acquittal. 28. In the light of our above discussion, we are convinced that the identity of both the appellants remained a doubtful affair and that Shri Paramjit Singh (PW-4) and Smt. Simarpreet Kaur (PW-5) when not in position to identify the actual assailants with regard to the murder of Smt. Satinder Kaur. They were introduced as false witnesses by the investigating officer. The name of one Shano has also been incorporated in the statement of PW-4. Smt. Shano appellant is not the same Shano, who is allegedly involved in the crime as per the case of the prosecution. Therefore, we allow both the appeals and set aside the judgment and order of conviction and sentence and acquit both the appellants of the charge/charges framed against them. Let an intimation about passing of this judgment of acqittal be sent to the Chief Judicial Magistrate, Ludhiana and to the Jail Authorities.