{"id":24281,"date":"2002-01-15T00:00:00","date_gmt":"2002-01-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-ram-singh-on-15-january-2002"},"modified":"2018-06-26T07:56:28","modified_gmt":"2018-06-26T02:26:28","slug":"state-of-haryana-vs-ram-singh-on-15-january-2002","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-ram-singh-on-15-january-2002","title":{"rendered":"State Of Haryana vs Ram Singh on 15 January, 2002"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">State Of Haryana vs Ram Singh on 15 January, 2002<\/div>\n<div class=\"doc_bench\">Bench: Umesh C. Banerjee, N. Santosh Hegde<\/div>\n<pre>           CASE NO.:\nAppeal (crl.)  78 of 1999\n\nPETITIONER:\nSTATE OF HARYANA\n\nRESPONDENT:\nRAM SINGH\n\nDATE OF JUDGMENT: 15\/01\/2002\n\nBENCH:\nUMESH C. BANERJEE &amp; N. SANTOSH HEGDE\n\nJUDGMENT:\n<\/pre>\n<p>JUDGMENT<\/p>\n<p>2002 (1) SCR 208<\/p>\n<p>The Judgment of the Court was delivered by<\/p>\n<p>BANERJEE, J. While it is true that the postmortem report by itself is not a<br \/>\nsubstantive piece of evidence, but the evidence of the doctor conducting<br \/>\nthe postmortem can by no means be ascribed to be insignificant. The<br \/>\nsignificance of the evidence of the doctor lies vis-a-vis the injuries<br \/>\nappearing on the body of the deceased person and likely use of the weapon<br \/>\ntherefor and it would then be the prosecutor&#8217;s duty and obligation to have<br \/>\nthe corroborative evidence available on record from the other prosecution<br \/>\nwitnesses.\n<\/p>\n<p>These two criminal appeals being Crl. Appeal No. 78 of 1999 and Crl. Appeal<br \/>\nNo. 79 of 1999 arising from the same Judgment of the High Court against<br \/>\nthat of the learned Additional Sessions Judge, Hissar in Sessions Case No.<br \/>\n80 of 1992 in which (1) Bhajan Lal (2) Rai Sahab, (3) Ram Singh and (4) Ram<br \/>\nKumar faced trial. All the accused faced charge under Section 302 IPC read<br \/>\nwith Section 201 and the learned Additional Sessions Judge, Hissar by his<br \/>\nJudgment dated 9th\/10th August, 1995 convicted Bhajan Lai under Section 302<br \/>\nIPC and sentenced him to imprisonment for life, whereas the accused Rai<br \/>\nSahab, Ram Singh and Ram Kumar were convicted under Section 302\/149 IPC and<br \/>\nsentenced in the manner alike. The learned Additional Sessions Judge did<br \/>\nnot convict any of the accused under Section 201 IPC by reason of the<br \/>\nconviction under Section 302 IPC read with Section 149 IPC. The case of the<br \/>\nprosecution however, runs as below:-\n<\/p>\n<p>Complainant-Budh Ram is the brother of Manphool (deceased). They are<br \/>\nresidents of village Chinder. On 22.1.1992, Budh Ram and Manphool went to<br \/>\nthe temple at about 6 a.m. and returned at about 6.15 a.m. When Manphool<br \/>\nwas ahead of Budh Ram by about 10 paces and had reached near the house of<br \/>\nKishan Lal, a jeep RJl-3407 was there and Rich Pal, a resident of Chinder<br \/>\nand Appellant Bhajan Lal were standing near it, armed with guns. Appellant<br \/>\nRai Sahab was sitting on the driver seat, while Appellant Ram Kumar and Ram<br \/>\nSingh alias Singha were also sitting by his side on the front seat. Accused<br \/>\nRam Kumar and Ram Singh, on seeing Manphool, stated that Manphool had won<br \/>\nmoney in gambling dishonestly from Ram Singh, and that he should be taught<br \/>\na lesson for dishonesty. Rich Pal and Bhajan Lal fired a shot each from<br \/>\ntheir respective guns, and as a result of receiving the shots, Manphool<br \/>\nfell down. Complainant-Budh Ram took shelter in the temple out of fear.<br \/>\nDholu Ram, son of Manphool on hearing the report of the gunshot, reached<br \/>\nthere. Prosecution case further has been that immediately thereafter Ram<br \/>\nKumar and Singha alighted from the jeep and all four of them tied the body<br \/>\nin a blanket and put the same in the jeep and then went away in their jeep<br \/>\nafter threatening the persons present at site. Complainant-Budh Ram<br \/>\ninformed his brother -Ranjit and thereafter chased the jeep in a truck.<br \/>\nThey made a thorough search on the canals and roads at Badopal and Bhola<br \/>\netc. but did not find any clue. Therefore, Complainant-Budh Ram along with<br \/>\nDholu Ram went to Agroha Police Station, to lodge the report. The statement<br \/>\nof Budh Ram was recorded at 3.05 p.m., which formed the basis of the FIR<br \/>\n(Ex. PF).\n<\/p>\n<p>The Station House Officer SI Kishan Dutt being PW-12 in the examination-in-<br \/>\nchief, inter alia, stated as below :<\/p>\n<p>&#8220;On 22.1.1992 I was posted as SHO P.S. Agroha. On that day, Budh Ram came<br \/>\nto me in the police station. He was accompanied by Dholu Ram, He made<br \/>\nstatement before me upon which I recorded FIR Ex.PF which was read over and<br \/>\nexplained to him to which he signed in token of its correctness. I recorded<br \/>\npolice proceedings on it, handed over one copy of FIR to him and obtained<br \/>\nhis signature. Then I left for the post and reached the place of occurrence<br \/>\nalongwith Budh Ram and Dholu Ram. I lifted blood stained earth, 2-3 pieces<br \/>\nof bones from the spot, which were converted into separate sealed parcels,<br \/>\nSeal of KD was used, Seal after use was given to Dholu Ram PW. I lifted<br \/>\nblood stained earth Ex.P. 12 and three pieces of bones Exs. P.13\/1-3 vide<br \/>\nrecovery memo Ex.PG, attested by Dholu Ram and Budh Ram. I prepared rough<br \/>\nsite plan of the place of occurrence Ex.PR, recorded statements of Dholu<br \/>\nand Budh Ram. I raided the houses of the accused but they were found<br \/>\nabsconding. I searched for the dead-body in the canal, I stayed for the<br \/>\nnight in village Budha Khera. On 23.1.92 I deposited the case property with<br \/>\nthe MHC. On 26.1.92 I along with Ranjit and Dholu Ram was going in search<br \/>\nof the accused and dead body. At Chable minor (Mori) Yad Ram met me and<br \/>\ntold me that he along with Atma Ram has recovered dead body of Manphool<br \/>\nfrom the Chuli Bagrian minor near the field of Ram Pat. Then I reached<br \/>\nthere I held inquest proceedings on the dead body of Manphool and prepared<br \/>\ninquest report Exs.PD\/1.1 recorded statements of Dholu, Ranjit, Yad Ram and<br \/>\nAtma Ram in the inquest proceedings I hand over the dead body along with<br \/>\napplication for post-mortem examination Ex.PD to constable Sadhu Ram and HC<br \/>\nJagdish.&#8221;\n<\/p>\n<p>It is at this stage it would be convenient to note the postmortem report<br \/>\nwhich reads as below :-\n<\/p>\n<p>&#8220;It was a dead-body of a man, moderately built and nourished, necked<br \/>\nwithout any belongings with mouth and eyes closed. Rigor mortis was absent<br \/>\nin all the limbs. The body was wet and smeared with mud, frass and leaves.<br \/>\nThe skin of the hands was swollen and was sodden. The nails and the hair<br \/>\ncould be pulled out easily. A tattooed mark &#8220;Manphool&#8221; was present on the<br \/>\nanterior aspect of the right fore-arm and also found the following<br \/>\ninjuries. The height of the dead-body was 5 feet 11 inches :-\n<\/p>\n<p>1.      A crushed wound posterio and right lateral aspect of skull of<br \/>\nirregular shape and size was 10 cms anterio posteriorly and 12 cms side to<br \/>\nside involving the skin, sub cutaneous tissues and underlying bones which<br \/>\nwere right and left parietal bone, right temporal and occipital. Most of<br \/>\nthe brain matter was absent except a few brain matter left in the posterior<br \/>\noranial fosse. Pieces of bones involved were absent.\n<\/p>\n<p>2.      An oval punctured would in the left scapular area of the chest<br \/>\n(However I have written abdomen by mistake). Measuring 1.5. cms x 1 cm with<br \/>\na collar of abrasion all around the wound. The direction of the wound was<br \/>\noblique going downward and forward. On dissection and 4th rib was fractured<br \/>\nin the middle. The left lung was lacerated and congested. Clotted blood was<br \/>\npresent in left pleural cavity. Few pellet and foreign body were recovered.<br \/>\nAnterior wall of pleural cavity was also congested and there was sub<br \/>\ncontaneous harmorrhage in the left memory area.\n<\/p>\n<p>3.      A punctured would on left side of abdomen 8 cms away towards left<br \/>\nfrom the umbilicus. Omentum and few lops of intenstines were coming out of<br \/>\nthe wound. The wound was showing a collar of abrasion along the whole<br \/>\nmargins of the wound. Black tattooing was present around the wound. On<br \/>\ndissection there was congestion in the skin Sub Coetaneous tissue and huge<br \/>\nblood was present in the peritoneum cavity. Omentum was congested and loop<br \/>\nof small intestines were showing the congestion. Spleen was ruptured. Few<br \/>\npellets of fire-arm and foreign body was recovered. Small intestines showed<br \/>\nsemi digested small amount of food which was semi liquid\/semi-digested.&#8221;\n<\/p>\n<p>The facts shortly put thus reveal the date of occurrence being 22.1.1992 at<br \/>\n6.15 a.m. and the body was recovered on 26.1.1992 by one Atma Ram and Yad<br \/>\nRam. Atma Ram stated :\n<\/p>\n<p>&#8220;On 26\/27 of January, 1993 i.e. about two years and two months ago, I and<br \/>\nYad Ram were searching for the dead-body of Manphool. We reached Chuli<br \/>\nminor near the field of Raipat. There we saw a dead-body floating in the<br \/>\nChuli Minor. That dead-body was that of Manphool. We took out that dead-<br \/>\nbody from Chuli minor (a canal). Name of Manphool was tattooed on he hand<br \/>\nof the dead-body. I had also identified the dead-body by seeing the face.<br \/>\nThe skull was empty (khokhli), as the skull was in torn condition. Yad Ram<br \/>\nthen left to the Police Station for giving intimation. 1 stayed at the spot<br \/>\nnear the dead-body. Yad Ram brought the Police. Dholu and Ranjeet also<br \/>\naccompanied the police. Police prepared the inquest report of the dead-body<br \/>\nand then recorded my statement.\n<\/p>\n<p>On 13.2.92 I and Ranjeet were going to the P.S. Agroha to enquire if Singha<br \/>\nalias Ram Singh had been arrested or not. Dead-body was found 18\/19 days<br \/>\nprior to our going to the police station. Thanedar had met us at the Bus<br \/>\nStand of village Khara Kheri. There a secret information was received by<br \/>\nSub Inspector (Thanedar) that accused Ram Singh was coming from the side of<br \/>\nvillage Chinder. In the meantime a four-wheeler came there from which<br \/>\naccused Ram Singh had alighted. On our pointing out SI apprehended Ram<br \/>\nSingh now present in the court. Upon interrogation by the police he (Ram<br \/>\nSingh) disclosed that 18\/19 days ago he along with four other persons after<br \/>\ncommitting the murder of Manphool Singh had thrown his dead-body in the<br \/>\ncanal and before throwing the same he had removed a golden ring from the<br \/>\nfinger of the dead-body of Manphool and the same was conceded by him at his<br \/>\nhouse in the Niwar (strings) of the Palang (bed) and could get the same<br \/>\nrecovered. In this regard his statement Ex.PQ was recorded which was thumb<br \/>\nmarked by Singh accused and attested by me and Ranjeet Singh. Thereafter<br \/>\naccused led the Police party in his house situated at village Chinder and<br \/>\nthen got recovered the ring. (At this stage, a sealed Parcel bearing seals<br \/>\nof SS has been broken open and ring taken out there-from). The ring is<br \/>\nEx.P. 12. It is the same ring which was got recovered from the palang as<br \/>\nstated above and the same was made into a sealed parcel and taken into<br \/>\npossession vide recovery memo. Ex.PQ\/1, attested by me and Ranjeet.&#8221;\n<\/p>\n<p>It is on this state of evidence, the High Court has passed an Order of<br \/>\nacquittal so far as Ram Singh is concerned and as such partly allowed the<br \/>\nappeal. In its Judgment, the High Court recorded the reasoning for such an<br \/>\nOrder of acquittal of one of the accused persons as below :\n<\/p>\n<p>&#8220;&#8230;&#8230;&#8230;The evidence of PW-12 Kishan Dutt shows that accused-Ram Singh<br \/>\nalias Singha was arrested only on 13.2.1992. But Ex.PL\/2 also shows that<br \/>\nRam Singh alias Singha had allegedly thumb-marked the disclosure statement<br \/>\non 29.1.1992. If accused-Ran Singh alias Singha was arrested only on<br \/>\n13.2.1992, then he could not have made a disclosure statement on 29.1.1992.<br \/>\nFurther Ex.PQ is the alleged disclosure statement of Ram Singh alias Singha<br \/>\nmade on 13.2.1992. Atma Ram (PW-11) also stated in his evidence that Ram<br \/>\nSingh alias Singha was arrested on 13.2.1992 and that he made the<br \/>\ndisclosure statement (EX.PQ) in pursuance of which the ring (Ex. P.12) was<br \/>\nrecovered. This inconsistency casts a lot of doubt as the involvement of<br \/>\naccused-Ram Singh. Even according to prosecution, he was only sitting in<br \/>\nthe jeep and had raised a lalkara that Manphool should be taught a lesson.<br \/>\nIt is further alleged that he along with 3 of the accused wrapped Manphool<br \/>\nin a blanket and put him in the jeep. But in view of that we have pointed<br \/>\nout above, we are of the view that it is wholly unsafe to convict this<br \/>\naccused on the basis of the available material and therefore, we are of the<br \/>\nview that he (Ram Singh alias Singha) should be acquitted, giving him the<br \/>\nbenefit of doubt&#8230;&#8230;&#8221;\n<\/p>\n<p>Incidentally, the factual score depicts that Rich Pal had expired during<br \/>\nthe course of trial before the learned Additional Sessions Judge and having<br \/>\nregard to the death of Rich Pal, the conviction and sentence pertaining to<br \/>\ntwo other accused persons were maintained by the High Court and the present<br \/>\nappeal by the accused persons pertain thereto. The State Government, also<br \/>\nhowever, being aggrieved by the Order of acquittal moved this Court in<br \/>\nappeal. Since these appeals arise out of the same Judgment, appeals were<br \/>\nconsolidated and were heard together.\n<\/p>\n<p>The principal contention raised in support of the appeal filed on behalf of<br \/>\nthe accused persons has been that medical evidence as is available on<br \/>\nrecord completely demolished the prosecution case. Let us, therefore, have<br \/>\na look at the medical evidence as is available on record. The postmortem<br \/>\nreport has already been noticed above and as such we need not dilate on the<br \/>\ninjuries inflicted on the body of the deceased what is required presently<br \/>\nfor our purpose herein. Dr. R.K. Kataria conducted the postmortem<br \/>\nexamination on the body of the deceased on 27.1.1992. In his evidence he<br \/>\nhas been rather specific that injuries No. 1,2 and 3 were the result of<br \/>\nthree independent shots though, however, possibility of injury No. 1 being<br \/>\ncaused by some heavy weapon cannot be ruled out. As regards direction of<br \/>\ninjury No. 2 Dr. Kataria explained that the nature of the injury itself<br \/>\nindicates that it was caused by weapon from above to downward and injuries<br \/>\nNos. 2 and 3 were possible by a firearm weapon within a range of 3 ft. :<br \/>\nwhereas injury No. 2 Dr. Kataria stated could be caused by a firearm from<br \/>\nbehind, injury No. 3 is possible by firearm only from the front side. Dr.<br \/>\nKataria, however, went on to depose :\n<\/p>\n<p>&#8220;Since I had X-rayed injury No. 1, therefore, I did not think it proper to<br \/>\ngive any details about nature of injury being ante mortem or post or<br \/>\nwhether is attributed in causing the death. 1 also did not mention the<br \/>\nnature of weapon as no such column was there in the Performa prepared for<br \/>\npost-mortem report. Therefore, 1 also did not give the nature of weapon<br \/>\nused for injuries no. 2 and 3 also. In fact I had referred the dead-body<br \/>\nfor X-ray examination of injury no. 1 in order to ascertain the weapon<br \/>\nused. It is correct that X-ray report was not shown the pieces of bones in<br \/>\nthis case. It is correct that my opinion given in the post-mortem report<br \/>\nthe injuries nos. 2 and 3 were sufficient to cause death due to shock and<br \/>\nhemorrhage is wrong. Volunteered in fact mentioning of injury no. 1 omitted<br \/>\nI had referred the X-ray examination of injury no. 1. It is incorrect to<br \/>\nsuggest that I did not mention about injury no. 1 while giving opinion<br \/>\nabout the cause of death as I wanted to toe the line of police.&#8221;\n<\/p>\n<p>A bare perusal of the evidence of the doctor depicts three specific<br \/>\nfeatures, namely, (i) Dr. Kataria had referred to have injury No. 1 X-<br \/>\nrayed; (ii) nature of the weapon used by the accused persons has not been<br \/>\nmentioned, as no such column was there in the Performa prepared for<br \/>\npostmortem report and as such Dr. Kataria did not given the nature of the<br \/>\nweapon used for injuries. As a matter of fact only for the ascertainment of<br \/>\nthe weapon used, the body of the deceased was referred for X-ray. The X-ray<br \/>\nreport, however, was not shown to the doctor till the date of examination,<br \/>\nor even produced before the court; (iii) Dr. Kataria was also not shown the<br \/>\npieces of bones in the case. These three factors go a long way in support<br \/>\nof the defence contention that it was a blind murder and thus a false<br \/>\nimplication.\n<\/p>\n<p>The state of evidence available on record has been quoted extensively in<br \/>\nthis Judgment, which could otherwise be also avoided but has been so done<br \/>\nso as to appreciate the trustworthiness or the credibility of the<br \/>\nprosecution case. Medical evidence points out an injury having a downward<br \/>\nstint : medical evidence points out two several gun shots injuries one from<br \/>\nthe front and one from the back -the eye-witnesses account does not,<br \/>\nhowever, obtain any support from the medical evidence rather runs counter<br \/>\nthereto. A definite evidence of availability of some bones at the place of<br \/>\noccurrence was admittedly not shown to the postmortem doctor. Eye-<br \/>\nwitnesses&#8217; account (PW-8) Budh Ram records that after giving the lalkara<br \/>\naccused Bhajan Lai fired upon his brother Manphool and Rich Pal accused had<br \/>\nfired one shot upon his brother. Rich Pal accused had since died and the<br \/>\nbrother on receiving the firearm injuries fell down on the spot.<br \/>\nImmediately, thereafter an alarm was raised by the eye-witness upon which<br \/>\naccused Bhajan Lai and Rich Pal threatened him that in case of any alaram<br \/>\nthey would also kill the PW-8 by reason wherefore the latter took the<br \/>\nshelter by the side of the Mandir. The witness went on to record that after<br \/>\nManphool, his brother, fell down and all the accused except Rai Sahab<br \/>\nwrapped him in a blanket and put in the jeep and the accused Rai Sahab then<br \/>\ndrove the jeep. The witness thereafter stated that :-\n<\/p>\n<p>&#8220;&#8230;&#8230;.We then i.e. Dholu Ram, Ranjit and myself followed the accused in a<br \/>\ntruck. We went to the canal of Badopal. We also saw the accused on the<br \/>\nroads but they were not visible. We went on the bank of canal of Badopal.<br \/>\nWe also went to Bhoda, Sarangpur, Kherampur. Kohli and other roads and then<br \/>\non the canal but could not find the accused and the jeep and Manphool.<br \/>\nUltimately, I lodged report Ex.PF in P.S. Agroha. In this regard my<br \/>\nsignature are there on FIR Ex.PF. The contents of the FIR were read over to<br \/>\nme and after admitting the same to be correct put my signatures.\n<\/p>\n<p>Police then came to the place of occurrence and lifted three pieces of<br \/>\nbones, blood stained earth. Both were made into parcel and then sealed.<br \/>\nBoth were sealed separately seal after use was handed over to me. Both the<br \/>\nparcels were taken into possession vide recovery memo Ex.PG.&#8221; (Emphasis<br \/>\nsupplied)<\/p>\n<p>Significantly, the prosecutor produced the bundle containing three pieces<br \/>\nof bones, which are identified by PW-8 as the same pieces of bones, which<br \/>\nwere under seizure by the police authorities at the place of occurrence &#8211;<br \/>\nthese bones, however, were not produced and placed for examination before<br \/>\nthe postmortem doctor as to whether they can be co-related with that of the<br \/>\ndeceased person. The Serological Report of these bones did not see the<br \/>\nlight neither the Ballistic Experts&#8217; Report as to the nature of the weapons<br \/>\nused. It is a duty cast on the prosecution to prove the guilt of the<br \/>\naccused persons beyond all reasonable doubts. High Court has dealt with the<br \/>\nissue that the thumb marked disclosure statement of Ram Singh dated<br \/>\n29.1.1992 casts a lot of doubt as to the involvement of accused Ram Singh<br \/>\nsince Ram Singh was arrested only on 13.2.1992 as such disclosure statement<br \/>\nof 29.1.1992 cannot be had &#8211; it is this inconsistency which was noticed by<br \/>\nthe High Court and Ram Singh, at whose instance the ring was supposed to<br \/>\nhave been recovered, stands acquitted on the ground of benefit of doubt.<br \/>\nThe High Court, however, has not considered the medical evidical vis-a-vis<br \/>\nthe eye-witnesses&#8217; account &#8211; the conflict and inconsistency between the two<br \/>\nalso raises a very great suspicion in the mind of the Court : credibility<br \/>\nof the prosecution case stands at zero level by reason of the conclusion of<br \/>\nthe High Court and accordingly benefit of doubt to Ram Singh. It is the<br \/>\nsame prosecutor, which has recovered the pieces of bones, had it exhibited<br \/>\nbut not produced before the postmortem doctor, who would otherwise be able<br \/>\nto identify the bones as that of the deceased. This failure of the<br \/>\nprosecution, in our view, cannot be taken as a mere omission but a failure,<br \/>\nwhich would go a long way in the matter of reposing confidence thereon.\n<\/p>\n<p>While it is true that the law is well settled in regard to the issue that<br \/>\nin an appeal against conviction for the offence of murder Supreme Court<br \/>\nwould be rather slow to intervene in the event of there being a concurrent<br \/>\nfinding of fact but it is equally settled that in the event the finding,<br \/>\nwhich suffers from the vice of perversity of any fundamental rules or even<br \/>\na definite procedural injustice going to the root of the prosecution case<br \/>\nquestion of the Apex Court being slow in intervention would not arise. In<br \/>\nthis context, reference may be made to the decision of this Court in <a href=\"\/doc\/632204\/\">Arjun<br \/>\nMarik and Ors. v. State of Bihar,<\/a> [1994] Supp. 2 SCC 372 wherein this Court<br \/>\nin paragraph 15 stated as below :-\n<\/p>\n<p>&#8220;15. We are also aware of the fact that as a rule of practice, in appeal<br \/>\nagainst conviction for offence of murder Supreme Court is slow to disturb a<br \/>\nconcurrent finding of fact unless it is shown that the finding is<br \/>\nmanifestly erroneous, clearly unreasonable, unjust or illegal or violative<br \/>\nof some fundamental rule of procedure or natural justice. Further it has<br \/>\nalso to be remembered that in a murder case which is cruel and revolting it<br \/>\nbecomes all the more necessary for the Court to scrutinise the evidence<br \/>\nwith more than ordinary care lest the shocking nature of the crime might<br \/>\ninduct instinctive reaction against a dispassionate judicial scrutiny of<br \/>\nthe evidence in law.&#8221;\n<\/p>\n<p>The Judgment under appeal admittedly does not contain a whisper even<br \/>\npertaining to the contradictions between eye-witnesses&#8217; account and the<br \/>\nmedical evidence. In the contextual facts and as noticed above, medical<br \/>\nevidence runs positively counter to the eye-witnesses&#8217; account rendering<br \/>\nthe ocular testimony not being dependable or trustworthy. There is no<br \/>\ncredible evidence on record. It is significant that all the so-called eye-<br \/>\nwitnesses were produced in Court by the police from its custody in handcuff<br \/>\ncondition and it is only on the witness box that the handcuffs were<br \/>\nreleased and taken up from the body of the person. All of them are under-<br \/>\ntrail prisoners being involved in a murder trail. The Court thus has to<br \/>\nscrutinise its evidence with a little bit of caution and scrutiny so as to<br \/>\njudge their veracity. Admittedly all the supposed eye-witnesses are<br \/>\nrelations of the deceased. As such they fall within a category of<br \/>\ninterested witness. It is not that the evidence ought to be discredited by<br \/>\nreason of the witness being simply an interested witness but in that event<br \/>\nthe Court will be rather strict in its scrutiny as to the acceptability of<br \/>\nsuch an evidence. High Court has principally relied on the 161 statements<br \/>\nand the contradictions available on the record have not been taken note of.<br \/>\nIn our view this is a clear error on the part of the High Court. Some<br \/>\nweapons have been seized alongwith the cartridges and it has been stated<br \/>\nthat such recovery was effected in terms of the disclosure statements.<br \/>\nBefore this Court it has been strongly urged that the same is in<br \/>\ncontravention of Section 27 of the Evidence Act. Undoubtedly, Section 27,<br \/>\nthough provides an exception, but the Court should always be vigilant about<br \/>\nthe circumvention of its provision &#8211; &#8220;Sarkar on Evidence (15th Edition)&#8221;<br \/>\nhas the following to state on Section 27:-\n<\/p>\n<p>&#8220;&#8230;&#8230;&#8230;The protection afforded by the wholesome provisions of ss. 25 and<br \/>\n26 is sought to be whittled down by the police by their ingenuity in<br \/>\nmanipulating the record of the information given by the accused in the<br \/>\ncase-diary in such a manner as to make it appear that it led to the<br \/>\ndiscovery of some facts although the police might have made such discovery<br \/>\nfrom other sources. When a fact is once discovered from information<br \/>\nreceived from another source, there can be no discovery again even if any<br \/>\ninformation relating thereto is subsequently extracted from the accused. A<br \/>\ndevise sometimes adopted by the police is to stage a scene and take the<br \/>\naccused to the place where the things discovered lay buried or hidden and<br \/>\nrequire him to make a search for them at the spot indicated to the accused,<br \/>\nor sometimes the articles are first produced before the accused and<br \/>\nthereafter statements purporting to have been made by him about the so-<br \/>\ncalled discovery are recorded. Court should be watchful that the protection<br \/>\nafforded by ss. 25 and 26 should not be dependent on the ingenuity of the<br \/>\npolice officer in composing the narrative conveying the information<br \/>\nrelating to the alleged recovery of a fact.&#8221;\n<\/p>\n<p>In Pulukuri Kotayya v. Emperor, 74 Ind. App 65 : AIR (1947) PC 67, the<br \/>\nPrivy Council considered the provision of Section 27 of Evidence Act and<br \/>\nobserved :-\n<\/p>\n<p>&#8220;It is fallacious to treat the &#8216;fact discovered&#8217; within the section as<br \/>\nequivalent to the object produced; the fact discovered embraces the place<br \/>\nfrom which the object is produced and the knowledge of the accused as to<br \/>\nthis, and the information given must related distinctly to this fact.<br \/>\nInformation as to past user, or the past history, of the object produced is<br \/>\nnot related to its discovery in the setting in which it is discovered.<br \/>\nInformation supplied by a person in custody that &#8216;I will produce a knife<br \/>\nconcealed in the roof of my house&#8217; does not lead to the discovery of a<br \/>\nknife : knives were discovered many years ago. It leads to the discovery of<br \/>\nthe fact that a knife is concealed in the house of the informant to his<br \/>\nknowledge, and if the knife is proved to have been used in the commission<br \/>\nof the offence, the fact discovered is very relevant. But if to the<br \/>\nstatement the words be added &#8216;with which I stabbed A&#8217;, these words are<br \/>\ninadmissible since they do not relate to the discovery of the knife in the<br \/>\nhouse of the informant.&#8221; (p. 77 of Ind App): (at p. 70 of AIR).&#8221;\n<\/p>\n<p>The observations stand accepted by this Court in Prabhoo v. State of Uttar<br \/>\nPradesh, AIR (1963) SC 1113.\n<\/p>\n<p>Let us however, at this stage, analyse the evidentiary value of such<br \/>\ndiscoveries.\n<\/p>\n<p>(i) Licensed double barrel 12 bore gun bearing No. 70002-1978 along with<br \/>\nlicense No. 240-VII\/Fatehabad (valid upto 2.8.1992) along with three .12<br \/>\nbore cartridges and one fired cartridge case of .12 bore &#8211; this recovery<br \/>\nmemo stands witnessed by Dholu Ram (PW-10) and Budh Ram (PW-8).\n<\/p>\n<p>(ii) Recovery memo of Jeep No. RJI-3407 &#8211; this recovery stands witnessed by<br \/>\nDholu Ram and Budh Ram, PWs 10 and 8.\n<\/p>\n<p>(iii) Pointing out memo &#8211; Rai Sahib, Ram Kanwar, Rich Pal and Bhajan Lal<br \/>\nled the police party to Badipal Canal, at Chable Mori and pointed out the<br \/>\nplace where on the left bank of the canal the jeep had been parked and<br \/>\nthereafter the dead body was put into the canal : this pointing out memo<br \/>\nalso stands witnesses by Dholu Ram and Budh Ram.\n<\/p>\n<p>(iv) Four discloure statements of Bhajan Lal, Ram Kanwar, Rich Pal and Rai<br \/>\nSahab accused persons and all the four statements stand witnessed by Dholu<br \/>\nRam and Budh Ram, PWs 10 and 8.\n<\/p>\n<p>(v) Recovery memo of blood stained earth lifted from left bank of Badipal<br \/>\nCanal near the bridge of Chable Mori stands witnessed by Dholu Ram and Budh<br \/>\nRam.\n<\/p>\n<p>(vi) Disclosure statement\/memo of the accused Ram Singh : while in the<br \/>\nprocess of throwing the dead body of Manphool in the canal, a golden ring<br \/>\nwas removed from his person and that ring has been kept concealed though<br \/>\nled to the subsequent recovery of the same. This statement however stands<br \/>\nwitnessed by Ranjit and Atma Ram (PW-11).\n<\/p>\n<p>(vii) Recovery memo of golden ring in terms of the disclosure statement<br \/>\nwitnessed by Ranjit and Atma Ram (PW-11).\n<\/p>\n<p>Ranjit happens to be the brother of Manphool, the deceased : the memos<br \/>\nmentioned in Nos. 1 -5 are all dated 29.1.1992 whereas 6th and 7th memos<br \/>\nare dated 13.2.1992&#8243;.\n<\/p>\n<p>Two of the recoveries, as noticed above, thus stood witnessed by Atma Ram :<br \/>\nlet us briefly, at this stage, refer to the deposition of Atma Ram noticed<br \/>\nherein before to the extent that on 26\/27.1.1992 when Atma Ram was<br \/>\nsearching for the dead body of Manphool, he reached Chable more and saw a<br \/>\ndead body floating &#8211; the dead body was then lifted to the bank of the canal<br \/>\nand whereas Atma Ram was keeping a watch, Yad Ram was sent to inform the<br \/>\npolice. The police came along with Dholu and Ranjit. On the second occasion<br \/>\nagain Atma Ram and Ranjit enquired, after having discovered that though the<br \/>\ndead body was recovered some time back, whether Ram Singh had been arrested<br \/>\nor not -when Thanedar met them and in the meantime a four wheeler came from<br \/>\nwhich the accused Ram Singh had alighted and on the pointing out by Atma<br \/>\nRam, Ram Singh was arrested and thereupon interrogation started by the<br \/>\npolice, which made Ram Singh to disclose the commission of the offence and<br \/>\nthrowing up of the dead body in the canal as also removal of the golden<br \/>\nring from the finger of the dead body and subsequent recovery thereof, as<br \/>\nnoticed herein before. The ring was identified. The High Court, however,<br \/>\nthought it fit to acquit Ram Singh by reason of discrepancy in the records.\n<\/p>\n<p>These are, however, the evidence available on record for the recoveries<br \/>\neffected upon disclosure being made. The High Court obviously did not place<br \/>\nany reliance on the evidence of Atma Ram as otherwise no acquittal could<br \/>\nhave been ordered for Ram Singh.\n<\/p>\n<p>Significantly all disclosures, and even arrests have been made in the<br \/>\npresence of three specific persons, namely, Budh Ram, Dholu Ram and Atma<br \/>\nRam &#8211; no independent witness could be found in the aforesaid context &#8211; is<br \/>\nit deliberate or is it sheer coincidence &#8211; this is where the relevance of<br \/>\nthe passage from Sarkar on Evidence comes on. The ingenuity devised by the<br \/>\nprosecutor knew no bounds &#8211; Can it be attributed to be sheer coincidence ?<br \/>\nWithout any further consideration of the matter, one thing can be more or<br \/>\nless with certain amount of conclusiveness be stated these at least create<br \/>\na doubt or suspicion as to whether the same has been tailor-made or not and<br \/>\nin the even of there being such a doubt, the benefit must and ought to be<br \/>\ntransposed to the accused persons. The trial Court addressed itself on<br \/>\nscrutiny of evidence and came to a conclusion that the evidence available<br \/>\non record is trustworthy but the High Court acquitted one of the accused<br \/>\npersons on the basis of some discrepancy between the oral testimony and the<br \/>\ndocumentary evidence as noticed fully herein before. The oral testimony<br \/>\nthus stands tainted with suspicion. If that be the case, then there is no<br \/>\nother evidence apart from the omni present Budh Ram and Dholu Ram, who<br \/>\nhowever are totally interested witnesses. While it is true that legitimacy<br \/>\nof interested witnesses cannot be discredited in any way nor termed to be a<br \/>\nsuspect witness but the evidence before being ascribed to be trustworthy or<br \/>\nbeing capable of creating confidence, the Court has to consider the same<br \/>\nupon proper scrutiny. In our view, the High Court was wholly in error in<br \/>\nnot considering the evidence available on record in its proper perspective.<br \/>\nThe other aspect of the matter is in regard to the defence contention that<br \/>\nManphool was missing from village for about 2\/3 days and is murdered on<br \/>\n21.1.1992 itself. There is defence evidence on record by DW-3 Raja Ram that<br \/>\nManphool was murdered on 21.1.1992. The High Court rejected the defence<br \/>\ncontention by reason of the fact that it was not suggested to Budh Ram or<br \/>\nDholu Ram that the murder had taken place on 21.1.1992 itself and DW-3 Raja<br \/>\nRam had even come to attend the condolence and it is by reason therefor<br \/>\nRaja Ram&#8217;s evidence was not accepted. Incidentally be it noted that the<br \/>\nevidence tendered by defence witnesses cannot always be termed to be a<br \/>\ntainted one &#8211; the defence witnesses are entitled to equal treatment and<br \/>\nequal respect as that of the prosecution. The issue of credibility and the<br \/>\ntrustworthiness ought also to be attributed to the defence witnesses at par<br \/>\nwith that of the prosecution. Rejection of the defence case on the basis of<br \/>\nthe evidence tendered by defence witness has been effected rather casually<br \/>\nby the High Court. Suggestion was there to the prosecution&#8217;s witnesses in<br \/>\nparticular PW-10 Dholu Ram that his father Manphool was missing for about<br \/>\n2\/3 days prior to the day of the occurrence itself &#8211; what more is expected<br \/>\nof the defence case : a doubt or a certainty &#8211; jurisprudentially a doubt<br \/>\nwould be enough : when such a suggestion has been made prosecution has to<br \/>\nbring on record the availability of the deceased during those 2\/3 days with<br \/>\nsome independent evidence. Rejection of the defence case only by reason<br \/>\nthereof is far too strict and rigid a requirement for the defence to meet &#8211;<br \/>\nit is prosecutor&#8217;s duty to prove beyond all reasonable doubts and not the<br \/>\ndefence to prove its innocence &#8211; this itself is a circumstance, which<br \/>\ncannot but be termed to be suspicious in nature.\n<\/p>\n<p>Considering the aforesaid, we do feel it expedient to record that the High<br \/>\nCourt fell into a manifest error in coming to a conclusion as reflected in<br \/>\nthe Judgment under appeal and which thus cannot be sustained. The appeal<br \/>\n(Criminal Appeal No. 79\/1999), therefore, succeeds and is allowed and the<br \/>\nappellants be released from the custody, if not required in any other<br \/>\nproceeding.\n<\/p>\n<p>In view of the decision above, Criminal Appeal No. 78\/1999 <a href=\"\/doc\/1665059\/\">(State of<br \/>\nHaryana v. Ram Singh)<\/a> fails and stands dismissed.\n<\/p>\n<p>C.A. No. 78\/99 dismissed.\n<\/p>\n<p>C.A. No. 79\/99 allowed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India State Of Haryana vs Ram Singh on 15 January, 2002 Bench: Umesh C. Banerjee, N. Santosh Hegde CASE NO.: Appeal (crl.) 78 of 1999 PETITIONER: STATE OF HARYANA RESPONDENT: RAM SINGH DATE OF JUDGMENT: 15\/01\/2002 BENCH: UMESH C. BANERJEE &amp; N. SANTOSH HEGDE JUDGMENT: JUDGMENT 2002 (1) SCR 208 The Judgment [&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-24281","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>State Of Haryana vs Ram Singh on 15 January, 2002 - 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\/state-of-haryana-vs-ram-singh-on-15-january-2002\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Haryana vs Ram Singh on 15 January, 2002 - Free Judgements of Supreme Court &amp; 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