{"id":121983,"date":"1962-08-21T00:00:00","date_gmt":"1962-08-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/narain-singh-vs-state-of-punjab-on-21-august-1962"},"modified":"2016-11-29T21:02:08","modified_gmt":"2016-11-29T15:32:08","slug":"narain-singh-vs-state-of-punjab-on-21-august-1962","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/narain-singh-vs-state-of-punjab-on-21-august-1962","title":{"rendered":"Narain Singh vs State Of Punjab on 21 August, 1962"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Narain Singh vs State Of Punjab on 21 August, 1962<\/div>\n<pre>           PETITIONER:\nNARAIN SINGH\n\n\tVs.\n\nRESPONDENT:\nSTATE OF PUNJAB\n\nDATE OF JUDGMENT:\n21\/08\/1962\n\nBENCH:\n\n\nACT:\nCriminal   Trial-Murder-Prosecution   evidence\t  discarded-\nConviction   on\t  statement  of\t  accused-Statement   pertly\nexculpatory  and  partly inculpatory-lf must be\t used  as  a\nwhole-Code  of Criminal Procedure, 1898(Act V of  1898),  s.\n342.\n\n\n\nHEADNOTE:\nThe appellant and three others 'were charged with the murder\nof  B.\tThe prosecution case was that there  was  a  dispute\nbetween\t B and the accused over diverting the flow of  water\nin the fields, that the appellant armed with a stick and the\nothers with spear, kaholi and salang assaulted B and B\tdied\nof  the\t injuries infliced.  In his statement under  s.\t 342\nCode  of Criminal Procedure the appelant stated that  B\t had\nthrown him on the ground and had\n679\nattempted  to  strangulate him whereupon the  took  out\t his\nkirpan\tand  struck B in self defence.- The  Sessions  Judge\ndisbelieved  the  prosecution evidence\tand  acquitted\t the\nthree other accused persons ; but he convicted the appellant\nunder  s.304 Part 11 Indian Penal Code relying on a part  of\nhis  statement in which he admitted having strick blows\t but\nrejecting      the\tpart\t  that\t    B\t   attempted\nto strangulate him. He had that the only apprehension  which\nthe  appellant could have was of simple hurt which  did\t not\ngive  him the right to cause the death of B. On\t appeal\t the\nHigh Court confirmed the conviction.\nHeld, that the conviction of the appellant under s.304\tPart\n11  Indian Penal Code could not it-and.\t In  convicting\t the\nappellant the courts below had accepted A case which was not\nthe case of the prosecution but had relied only upon a\tpart\nof  the statement of the appellant made in his defence.\t  It\nwas  not open to the courts to dissect the statement and  to\npick  out  the incriminating part and to reject\t the  excul-\npatory\tpart  on  the ground that it was  not  supported  by\nevidence.  If in his statement the accused confesses to\t the\ncommission  of the offence charged he may be convicted\tupon\nthat confession, but if he does not confess and sets up\t his\nown  version and seeks to explain his conduct pleading\tthat\nhe has committed no offence, the statement can only be taken\ninto consideration in its entirety.  Taking the statement of\nthe appellant in its entirety, he had an apprehension that B\nwas  attempting\t to strangulate him and this  gave  him\t the\nright  of  defence of person extending even to\tcausing\t the\ndeath of the assailant.\n\n\n\nJUDGMENT:\n<\/pre>\n<p>CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 218  of<br \/>\n1959.\n<\/p>\n<p>Appeal\tby special leave from the Judgment and\torder  dated<br \/>\nSeptember  8,  1959, of the Punjab High\t Court\tin  Criminal<br \/>\nAppeal No.354 of 1959.&#8217;<br \/>\nFrank  Anthony,\t K. C. Agarwala and P. C. Agarwala  for\t the<br \/>\nappellant.\n<\/p>\n<p>B.K. Khanna and P. D. Menon,  for the respondent.<br \/>\n1962.\tAugust 21.  The Judgment of the Court was  delivered<br \/>\nby<br \/>\n<span class=\"hidden_text\">680<\/span><br \/>\nSHAH,  J.&#8211;After arguments were concluded in this appeal  we<br \/>\nordered that the appellant Narain Singh be acquitted of\t the<br \/>\noffence\t under\ts. 304 Part II of the Indian Penal  Code  of<br \/>\nwhich he wag convicted and the sentence passed on him be set<br \/>\naside.\tWe proceed to set out our reasons in support of\t the<br \/>\norder.\n<\/p>\n<p>Narain\tSingh and his three nephews-Mehar Singh, Mewa  Singh<br \/>\nand  Pakhar  Singh-were tried before the Court\tof  Session,<br \/>\nLudhiana  for offences punishable under s. 302 read with  s.\n<\/p>\n<p>34. of the Indian Penal Code, on the charge that on  October<br \/>\n31, 1958, they had in furtherance of their common  intention<br \/>\ncaused\tthe death of one Bachan Singh by making a  murderous<br \/>\nassault on him.\n<\/p>\n<p>The prosecution case was that in the evening of October\t 31,<br \/>\n1958,\twhen  Narain  Singh  and  his  three  nephews\twere<br \/>\nirrigating  their field, Bachan Singh diverted the  flow  of<br \/>\nwater into his own filed.  Narain Singh and his nephews were<br \/>\nthereupon enraged, and there was a quarrel between them\t and<br \/>\nBachan\tSingh.\tNarain Singh and his nephews made an  attack<br \/>\nupon  Bachan  Singh  with  a  kaholi,  caused  him   serious<br \/>\ninjuries.  According to the prosecution, Mehar Singh at\t the<br \/>\ntime  of  the assault was armed with a spear,  Pakhar  Singh<br \/>\nwith  a\t Kaholi, Mewa Singh with a salang and  Narain  Singh<br \/>\nwith a stick.  A Complaint was lodged about the assault with<br \/>\nthe  Notice,  and  Bachan Singh was  removed  to  the  Civil<br \/>\nHospital,    Ludhiana.\t  The\tSub-Inspector\tof    Police<br \/>\ninvestigating  the  case recorded the  statement  of  Bachan<br \/>\nSingh, and a First Class Magistrate of Ludhiana recorded his<br \/>\ndeclaration  on\t the evening of November  2,  1958.   Bachan<br \/>\nSingh died on November 3, 1958.\n<\/p>\n<p>Narain Singh and his nephwes were then prosecuted before the<br \/>\nCourt of Session Ludhiana for the offence of murder.  At the<br \/>\ntrial, Narain<br \/>\n<span class=\"hidden_text\">\t\t\t    681<\/span><br \/>\nSingh-pleaded that he bad acted in exercise of the right  of<br \/>\nself  defence  and  had caused\tinjuries  &#8216;to  Bachan  Singh<br \/>\nbecause the latter had thrown him down and had attempted  to<br \/>\nstrangulate him.  His statement in the Court of Session,  on<br \/>\nwhich he was convicted, was as follows :-\n<\/p>\n<blockquote><p>\t       &#8220;The  correct facts are that when I  objected<br \/>\n\t      to  the deceased cutting the nakka  he  caught<br \/>\n\t      hold of me and threw me on the ground.  I\t was<br \/>\n\t      alone at the time.  The other three co-accused<br \/>\n\t      were  not with me.  After I had fallen on\t the<br \/>\n\t      ground  the deceased attempted to\t strangulate<br \/>\n\t      me.   I  was  then wearing  small\t kirpan.   I<br \/>\n\t      unsheathed  it  and used it  in  self  defence<br \/>\n\t      causing  a couple of injuries to the  deceased<br \/>\n\t      on the alarm raised by me, Mehar Singh (my co-<br \/>\n\t      accused) who was coming from the khal  nearby,<br \/>\n\t      came  to\tthe  spot and rescued  me.   He\t was<br \/>\n\t      armless  and did not cause any injury  to\t the<br \/>\n\t      deceased.\t  I did not carry any stick but\t was<br \/>\n\t      wearing a small kirpan as usual.&#8221;\n<\/p><\/blockquote>\n<p>Pakhar\tSingh  and Mews Singh denied their presence  at\t the<br \/>\nscene  of offence.  Mehar Singh claimed that he was  present<br \/>\nat  the\t scene, and he had tried to intervene  and  separate<br \/>\nBachan Singh and Narain Singh.\tNarain Singh and Mehar Singh<br \/>\nrelied upon the circumstance that they also bad injuries  on<br \/>\ntheir  person  which were noticed when they  were  medically<br \/>\nexamined.   Narain Singh had six contused injuries and\tMehr<br \/>\nSingh  had one incised injury and four\tabraded\t contusions.<br \/>\nBefore\tthe Court of Session, Jagir Singh-a witness for\t the<br \/>\nprosecution  made  important  variations  in  his  story  as<br \/>\noriginally  related  by him in his complaint at\t the  police<br \/>\nstation.  Kaka, who, it was claimed by the prosecution,\t was<br \/>\nan   eye-witness,   did\t not  support  the  case   for\t the<br \/>\nprosecution.  Hakku, another witness, was<br \/>\n<span class=\"hidden_text\">682<\/span><br \/>\nnot  examined by the prosecutor, but was  merely  &#8220;&#8216;tendered<br \/>\nfor  cross-examination&#8221;.   One\tJohri  whose  name  was\t not<br \/>\nmentioned  in  the  complaint  was  also  examined  by\t the<br \/>\nprosecutor.   Two statements of Bachan Singh which  were  in<br \/>\nview  of  his&#8217; death admissible\t as  dying  declarations-one<br \/>\nrecorded  by the Investigating Officer and the other by\t the<br \/>\nFirst  Class  Magistrate,  Ludhiana-were  also\ttendered  in<br \/>\nevidence.   The\t Sessions Judge held that  the\tevidence  of<br \/>\nJagir  Singh  was unreliable and That Johri could  not\thave<br \/>\nwitnessed the assault.\tThe two dying declarations were.  in<br \/>\nthe  view  of the Judge, unreliable, for  Bachan  Singh\t had<br \/>\nbefore he made the statements ample opportunity to know\t how<br \/>\nthe investigation was proceeding, had consulted Jagir  Singh<br \/>\nand  had opportunity of discussing with him the case  to  be<br \/>\nset  up.  Again, the story set up in the dying\tdeclarations<br \/>\nfurnished no explanation of the injuries received by  Narain<br \/>\nSingh  and Mehar Singh.\t The medical evidence was  also\t not<br \/>\nhelpful\t to the case for the prosecution.  Bachan Singh\t had<br \/>\nfour incised injuries on his person, three on the cheat, and<br \/>\nthe  fourth on the ,,ring finger left side&#8221;.  None of  these<br \/>\ninjuries  could\t be caused with a salang or  a\tkaholi:\t the<br \/>\nincised\t injuries  could be caused by a spear  and  also  by<br \/>\nkirpan.\t  Therefore  in the view of the Sessions  Judge\t the<br \/>\noral  and  other evidence was insufficient  to\tsustain\t the<br \/>\ncharge of .murder against the three nephews of Narain Singh.<br \/>\nRelying, however, upon the statement made by Narain Singh he<br \/>\nheld  that the injuries on the person of Bachan\t Singh\twere<br \/>\ncaused\tby  the\t former.   He observed\tthat  the  marks  of<br \/>\ninjuries  on  the  person  of Narain  Singh  &#8220;bore  out\t his<br \/>\nsuggestion  that Bachan Singh had obtained strong hold\tupon<br \/>\nhim  with a view to strangulate him&#8221;.&#8217; But there was not  an<br \/>\niota  of evidence on the record to&#8217; prove that Bachan  Singh<br \/>\nhad  attempted\tto  strangulate him&#8221;.  In the  view  of\t the<br \/>\nSessions Judge<br \/>\n<span class=\"hidden_text\">683<\/span><br \/>\nthere  being no marks of injury, however slight, around\t the<br \/>\nthroat of Narain Singh and that he had not made a  complaint<br \/>\nto  the medical officer who had examined him  shortly  after<br \/>\nthe assault &#8220;it was apparent that Narain Singh could have no<br \/>\napprehension of death or grievous hurt.\n<\/p>\n<p>x\t   x\t      x\t\t x\t  x<br \/>\nThe only apprehension which Narain Singh had was simple hurt<br \/>\nand  this  certainly gave him no right to take the  life  of<br \/>\nBachan\tSingh.&#8221;\t The Sessions Judge,  therefore,  hold\tthat<br \/>\nNarain\tSingh  was justified in resisting  Bachan  Singh  in<br \/>\nexercise  of  the right of defence of person,  but  was\t not<br \/>\njustified  in using &#8220;&#8216;the kirpan in such a. manner and\twith<br \/>\nsuch-force as to cause the death of Bachan Singh by piercing<br \/>\none of his lungs&#8221;.  The Sessions Judge accordingly acquitted<br \/>\nMewa  Singh, , Mehar Singh and Pakhar Singh of\tthe  offence<br \/>\ncharged and convicted Narain Singh of the offence punishable<br \/>\nunder a. 304 Part Tr of the Indian Penal (ode and  sentenced<br \/>\nhim to suffer rigorous imprisonment for five years.<br \/>\nAgainst\t the order of conviction and sentence  Narain  Singh<br \/>\npreferred  an appeal to the High Court of Punjab.  The\tHigh<br \/>\nCourt  agreed with the view of the Sessions Court  that\t the<br \/>\nevidence  was  insufficient to establish the  case  for\t the<br \/>\nprosecution,  the  High Court also held\t that  the  Sessions<br \/>\nCourt  was justified in relying upon the statement  made  by<br \/>\nNarain Singh under s. 342 of the Code of Criminal  Procedure<br \/>\nand in holding that Narain Singh &#8220;had exceeded the right  of<br \/>\nself-defence  by  causing  the\tdeath  of  Bachan  Singh  by<br \/>\nstabbing  him  with  a\tkirpan.\t had  committed\t an  off-nee<br \/>\npunishable under s-304 part 11 Indian Penal Code.  The\tHigh<br \/>\nCourt,\thowever,  reduced the sentence imposed\tupon  Narain<br \/>\nSingh  to rigorous imprisonment for 3 years and\t subject  to<br \/>\nthat modification dismissed the<br \/>\n<span class=\"hidden_text\">684<\/span><br \/>\nappeal\tagainst the order of conviction and sentence.\tWith<br \/>\nspecial leave Narain Singh had appealed to this Court.<br \/>\nThe case for the prosecution was that Narain Singh, when  he<br \/>\nparticipated in the assault on Bachan Singh, was armed\twith<br \/>\na stick. but the evidence of the witnesses about the assault<br \/>\non  Bachan  Singh  has not been accepted  by  the  Court  of<br \/>\nSession\t and  the  High Court.\tIn the view  of\t the  Courts<br \/>\ninjuries on the person of Bachan Singh were caused by Narain<br \/>\nSingh  by striking him with a kirpan, and the three  nephews<br \/>\nof  Narain  Singh had not participated in the  assault.\t  In<br \/>\nfinding Narain Singh guilty of the offence under s.304\tPart<br \/>\nII  for causing injuries to the victim Bachan Singh with  a,<br \/>\nkirpan the Court of Session and the High Court have accepted<br \/>\na  case which was not the case of the prosecution, but\thave<br \/>\nrelied\tonly  upon the statement Narain Singh  made  in\t his<br \/>\ndefence.   Under s.342 of the Code of Criminal Procedure  by<br \/>\nthe  first subsection, insofar as it is meterial, the  Court<br \/>\nmay  at\t any  stage of the enquiry or trial  and  after\t the<br \/>\nwitnesses for the prosecution have been examined and  before<br \/>\nthe  accused  is  called  upon for  his\t defence  shall\t put<br \/>\nquestions to the accused person for the purpose of  enabling<br \/>\nhim  to explain any circumstance appearing in  the  evidence<br \/>\nagainst\t him.\tExamination under s.342 is primarily  to  be<br \/>\ndirected to those matters on which evidence has been led for<br \/>\nthe prosecution to ascertain from the accused his version or<br \/>\nexplanation-if any, of the incident which forms the subject-<br \/>\nmatter\tof the charge and his defence.\tBy sub-s.  (3),\t the<br \/>\nanswers\t  given\t  by  the  accused  may\t  &#8220;be\ttaken\tinto<br \/>\nconsideration&#8221; at the enquiry or the trial.  If the  accused<br \/>\nperson\tin  his\t examination under 9.342  confesses  to\t the<br \/>\ncommission of the offence charged against him the court may,<br \/>\nrelying,  upon that confession, proceed to convict him,\t but<br \/>\nif he does not confess and in<br \/>\n<span class=\"hidden_text\">685<\/span><br \/>\nexplaining  circumstance appearing in the  evidence  against<br \/>\nhim sets up his own version and seeks to explain his conduct<br \/>\npleading that he has committed no offence, the statement  of<br \/>\nthe  accused  can only be taken into  consideration  in\t its<br \/>\nentirety.   It\tis  not open to the  Court  to\tdissect\t the<br \/>\nstatement and to pick out a part of the statement which\t may<br \/>\nbe   incriminative,   and  then\t to  examine   whether\t the<br \/>\nexplanation  furnished\tby the accused for  his\t conduct  is<br \/>\nsupported  by  the evidence on the record.  If\tthe  accused<br \/>\nadmits\tto  have  done\tan  act\t which\twould  but  for\t the<br \/>\nexplanation  furnished by him be an offence,  the  admission<br \/>\ncannot be used against him divorced from the explanation.<br \/>\nThe  courts  below  were of the view  that  the\t prosecution<br \/>\nevidence  as  it stood, was insufficient to bring  home\t the<br \/>\ncharge\tagainst Narain Singh and his nephews.  The case\t for<br \/>\nthe prosecution that Narain Singh was armed with a stick and<br \/>\njoined\tin  the assault upon Bachan Singh was sought  to  be<br \/>\nestablished  by\t affirmative  evidence.\t  The  case   failed<br \/>\nbecause the evidence in support of the case was\t unreliable.<br \/>\nNarain Singh admitted that he had caused injuries to  Bachan<br \/>\nSingh  with a Kirpan carried by him, but he  explained\tthat<br \/>\nlie  caused the injuries when he was thrown down and  Bhchan<br \/>\nSingh  was attempting to strangulate him.  There can  be  no<br \/>\ndoubt  that  if\t a person  reasonably  apprehends  that\t his<br \/>\nassailant is attempting to strangulate him, exercise of\t the<br \/>\nright of defence of person extends even to causing death  of<br \/>\nthe assailant.\tNarain Singh pleaded that he had fallen down<br \/>\nand Bachan Singh attempted to strangulate him and  therefore<br \/>\nhe caused injuries to Bachan Singh in exercise of the  right<br \/>\nof  self  defence.   This plea had to  be  considered  as  a<br \/>\ncomposite  plea., it was not open the court  to\t investigate<br \/>\nwhether Narain Singh could have reasonably apprehended\tsuch<br \/>\ninjury to<br \/>\n<span class=\"hidden_text\">686<\/span><br \/>\nhimself\t as  justified him in causing the death\t of  Bach-in<br \/>\nSingh.\tWhere a person accused of committing an offence sets<br \/>\nup  at his trial a plea that he is protected by one  of\t the<br \/>\nexceptions, general or special, in the Indian Penal Code, or<br \/>\nany other law defining the offence the burden of proving the<br \/>\nexception  undoubtedly\tlies upon him.\tBut this  burden  is<br \/>\nonly  undertaken  by  the accused if  the  prosecution\tcase<br \/>\nestablishes  that in the absence of such a plea he would  be<br \/>\nguilty\tof  the\t offence  charged.   The  prosecution  case,<br \/>\nhowever,   did\t not   by   reliable   evidence\t   establish<br \/>\naffirmatively  that  Narain  Singh had done  any  act  which<br \/>\nrendered   him\tliable\tfor  the  offence  of  murder.\t His<br \/>\nresponsibility, if any, arose only out of the plea raised by<br \/>\nhim:  if  the plea .amounted to a confession  of  guilt\t the<br \/>\ncourt  could convict him relying upon that plea, but  if  it<br \/>\namounted  to admission of facts and raised a plea of  justi-<br \/>\nfiction,  the court could not proceed to deal with the\tcase<br \/>\nas  if\tthe admission of facts which were not  part  of\t the<br \/>\nprosecution case was true, and the evidence did not  warrant<br \/>\nthe plea of justification.\n<\/p>\n<p>The courts below were, therefore, in our judgment, in  error<br \/>\nin  convicting Narain Singh of the offence under s.304\tPart<br \/>\nII of the Indian Penal Code.\n<\/p>\n<p>Appeal allowed.\n<\/p>\n<p><span class=\"hidden_text\">687<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Narain Singh vs State Of Punjab on 21 August, 1962 PETITIONER: NARAIN SINGH Vs. RESPONDENT: STATE OF PUNJAB DATE OF JUDGMENT: 21\/08\/1962 BENCH: ACT: Criminal Trial-Murder-Prosecution evidence discarded- Conviction on statement of accused-Statement pertly exculpatory and partly inculpatory-lf must be used as a whole-Code of Criminal Procedure, 1898(Act V of 1898), [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-121983","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Narain Singh vs State Of Punjab on 21 August, 1962 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/narain-singh-vs-state-of-punjab-on-21-august-1962\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Narain Singh vs State Of Punjab on 21 August, 1962 - Free Judgements of Supreme Court &amp; 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