BINAY KUMAR SINGH versus THE STATE OF BIHAR

Citation: [1996] SUPP. 8 S.C.R. 225 · Decided: 31-10-1996 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Dismissed
cites 1 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

BINA Y KUMAR SINGH 
A 
V. 
THE STATE OF BIHAR 
OCTOBER 31, 1996. 
[DR. A.S. ANAND AND K.T. THOMAS, JJ.] 
B 
Criminal law : 
Code of Criminal Procedure, 1973.· Section 154. 
FIR-Requirements of-Held: Nebulous or cryptic information fi'om C 
somebody who did not disclose any authentic knowledge about commission 
of cognisable offence would not be sufficient to register FIR. 
Evidence Act: 1872: Sections 145 and I 55(3). 
Impeachment of credibility of witness· -Procedure of-Held: if witness 
diso1vned any staten1ent lvhich ivas inconsistent with any part of his 
statement in court he could be contradicted by calling his attention to 
those parts of statement which were to be used for contracdicting him-·.ft 
was not enough if questions in cross-examination were asked with reference 
D 
to such statement. 
E 
Section 9-Identification of accused-Attack by a large number of 
persons on inhabitants of place of occurrence which resulted in death of 
human beings and injuries to others-None of injured witness identified 
accused (except two or three assailants) but non-injured witness identified 
a bulk of them-Held: this could not have any adverse impact on the F 
credibility of the non-injured witness. 
Section I 34-Number of witnesses identification of accused as member 
of unlawful assembly-Sufficient number of witnesses not examined-Held: 
number of witnesses examined not material-Testimony of one single witness, G 
if wholly reliable, was sufficient-However, when size of unlawful assembly 
was quite large, it would be prudent to insist on at least two reliable witnesses 
to vouchsafe identification of accused. 
Section I I-Alibi-Nature and meaning of-Plea of alibi disbelieved 
by courts be/ow-Quite sturdy reasons for same-Held: Burden of proof H 
225 
226 
SUPREME COURT REPORTS [1996] SUPP. 8 S.C.R. 
A heavy for establishing alibi-Strict proof required for establishing alibi-
Presumption about genuineness of official records for establishing alibi 
not enough-Presumption only a rule in realm of burden of proof-Hence, 
interference by Supreme Court not called for. 
B 
c 
D 
Criminal Trial : 
Witness-Injured witness-Power of observation-Held: vision of 
injured witness might get blurred-Thereby attention would get instinctively 
diverted to his injuries-Hence, his power of observation would be affected 
Penal Code I860: Sections I47 and 149. 
Identification' of accused- Proof of-Held: where size of unlawful 
assembly was large it would be prudent to insist on at least two reliable 
witnesses to vouchsafe identification of accused 
Constitution of India, I950: Article 136. 
Concurrent findings of fact-Interference with-Minor discrepancies 
in testimony of witnesses-Held: concurrent findings of lower courts 
regarding reliability of evidence of those witnesses could not be disturbed 
E 
Words and Phrases : 
"Alibi "-Meaning of-In the context of Section 1 I of the Evidence 
Act. 1872. 
The appellants were convicted under Section 302 read with 
F Section 149 of the Indian Penal Code, 1860 and sentenced to undergo 
rigorous imprisonment for life, 
According to the prosecution on the night of the occurrence the 
appellants accused and a lot of their henchmen formed themselves 
G into an unlawful assembly arming themselves with deadly weapons, 
guns, rifles and cutting instruments, When the inhabitants of the 
place nf occurrence were sleeping the appellants !'et their houes ablaze. 
The occupants who emerged out of their burning houses were shot at 
by the appellants. Many human beings were killed and some others 
bailly mauled. When the appellants were satisfied that they had 
H accomplished their object, they all retreated from the scene, The Sub-
BINA Y KR. SINGH v. STA TE OF BIHAR 
227 
Inspector of the Police Station got information from P.W. 36 about A 
some serious occurrence of arson involving large number of people. 
The Police officer elicited a detailed statement from PW-32 which 
was forwarded to the Police Station where an FIR was prepared . On 
completion of investigation charge sheet was filed against the 
appellants. 
On the basis of the evidence adduced on behalfofthe prosecution, 
the Sessions Judge came to the conclusion that the charges levelled 
against the appellants accused were fully established. This finding 
was upheld by the High Court. 
B 
In the appeal before this Court, on behalf of the appellants- C 
accused it was contended that the FIR under Section 154 of the Code 
of Criminal Procedure 1973 sh
Excerpt shown. Read the full judgment & AI analysis in Lexace.