BHAGWAN SINGH versus THE STATE OF HARYANA

Citation: [1976] 2 S.C.R. 921 · Decided: 09-12-1975 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed
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Judgment (excerpt)

• 
921 
BHAGWAN SINGH 
II. 
THE STATE OF HARYANA 
December 9, 1975 
(P. N. BHAGWATI, P. K. GOSWAMI AND N. L. UNTWALIA, JJ.) 
Indian Penal Code·-Section 161 & 165 A-Conl'iction under-No legal bar 
ba.ied on the 1cst1mony of a "hostile witness", if corroborated by other reliable 
evidence-Cross examination u/ s. 154 Evidence Act does not efface his evidence. 
"B" the appellant/Head Constable with a view to help the ac.:used not only 
to get an acquittal but get back the seized coins approached "J" a constable who 
was in charge of an investigation of a case under section 411 I.P.C. to substitute 
A 
B 
the seized gQld coins with different markings offering a bribe of' Rs. 1,000/-. 
C 
J reported the matter to the D.S.P. concerned and as per the directions, the 
raiding party arrested 'B' and the other accused in a hotel and also recovered 
from him the gold coins of different markings. The 
currency 
notes of 
Rs. 1,000/- in the hands cf 'J' offered by 'B' were also recovered. 
· 
The Special Judge convicted 'B' and sentenced him to unde:rgo R.I. for 
one year which was maintained' by the High Court. 
On appeal by special leave, the appellant contended that since the prosecu-
tion case rested principally on the testimony of 'J', the whole edifice, is destroyed 
on that witness being declared 'hostile'. 
Rejecting the contention and dismissing the appeal, the Court 
D 
HELD : The prosecution could have even avoided requesting for permis-
~ion to cross examine the witness u/s 154 evidence Act. 
But the fact that the 
E 
court gave' permission to the prosecutor to cross examine him as what is describ-
ed as "hostile witness", ~oes not1 completely efface his evidence. Tho evidence 
remain~ admissible in the trial and there is no legal bar to have a conviction 
upon his testimony if corroborated by other reliable evidence. 
[923D-E] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 201 
of 1971 
Appeal by Special Leave from the Judgment and Order dated the 
10th March 1971 of the Punjab and Haryana High Court at Chandi-
garh in Criminal Appeal No. 1165 of 1969. 
D. Mookerjee and R. L. Kohli for the appellant. 
H. S. Marwah and R. N. Sachthey for respondent. 
The Judgment of the Court was delivered by 
GOSWAMI, J. This appeal by special leave is directed against the 
judgment of the High Court of Punjab and Haryana affirming the con-
viction of the appellant under section 165A, Indian Penal Code. 
The facts briefly are that the appellant, Bhagwan Singh, 
is 
a 
C.I.D. police constable and. would be naturally familiar with Head 
Constable, Jagat Singh (P.W. 1). Jagat Singh had detected a case 
under section 411, I.P.C., on April 25, 
1968. 
In that case one 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
922 
SUPREME COURT REPOllTS 
(1976] 2 S.C.R. 
Rameshwar Dass of Ambala City was arrested by Jagat Singh at 
Murthal Bus Stand after searching his person and recovering from him 
20 gold coins and 4 7 gold bangles weighing 101 tolas. 
Rameshwar 
Dass was produced in court on April 27, 1968 and was remanded to 
judicial custody till April 29. In order to help Rameshwar Dass, Om 
Parkash and Sulekh Chand, who were co-accused- with the appellant 
(since acquitted) apparently took the help of the appellant to approach 
Jagat Singh to save Rameshwar Dass from the criminal case. 
The 
appellant suggested to Jagat Singh to substitute the seized gold coins 
' 
by 20 other gold coins which he would be supplied with and if he 
would do that he would be paid Rs. 1000/- for this help in the crimi-
~ 
nal case. 
When this was proposed to Jagat Singh, the 
other two 
accused were with him. 
At first J agat Singh refused to accede to this 
'11. , 
unusual request but later on asked him to see him at Dogra Hotel the 
same day at 5.30 P.M. 
While Jagat Singh gave that hope to the appellant and the two 
co-accused, the former also immediately 
approached 
the 
Deputy 
Superintendent of Police, Gurbhaksh Singh (P.W. 6) and informed 
him about this matter. 
The D.S.P. recorded his statement which is 
marked as Ext. P-A. 
The D.S.P. sent for the Station House Officer 
of the Police Station, Sonepat, and directed him to go to the Dogra 
Hotel and arrange for the detection of the crime. 
Jagat Singh was 
also directed to go to the Hotel and meet the appellant and others as 
previously suggested by him. 
The D.S.P. along with the Sub-Inspec-
tor, Ram Singh (P.W. 4), waited in a shop near the Dogra Hotel and 
after the appellant had passed the money to Jagat S
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