LexCHARAN SINGH & ORS. versus STATE OF PUNJAB
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A B c D f E F ~- G H CHARAN SINGH & ORS. v. STATE OF PUNJAB July 26, 1974 [H. R. KHANNA AND Y. V. CHANDRACHUD, JJ.J 56 L Criminal Practice and Procedure-Appreciation of evidence-Refere11ce under s. 374 Cr. P.C.-Duty of High Court to reappraise evidence-Extent to which evitle11ce in one case could be used in another. Four appellants were convicted and sentenced to death for the murder of the· t\vo deceased; two accused for the murder of one of the deceased and the other two· accused for the murder of the second deceased. On appeaJ, the High Court, without a detailed discussion of the evidence of the eye witnesses, merely observed that their evidence inspired full confidence and affirmed the judgment of the trial court. On further appeal to this Court the appelJants contended that had the witnesseS- been present, the assailants would not have spared them. Dismissing the appeal of two accused and allowing that of the other two: HELD : (1) This Court does not normally, in an appeal by Special Leave, go· afresh into the question of credibility of witnesses and reappraise the evidence. Jn the present case, however, there was hardly any discussion worth the name of the evidence of eye \vitnesses in the judgment of the High Court. As the High Court was dealing with not only an appeal filed by the appellants but also a reference under s. 374 Cr. P. C. for confirming the death sentence, it was essential for it to nave reappraised the evidence adduced in the case and come to an independent con4 cln~ion whether the guilt of the accused had been proved or not. While dealing \vith a reference under s. 374 Cr. P. C. the High Court should consider the pro4 ceedings in all their aspects and come to an independent conclusion on the material' on record. In view of this infirmity, the evidence had to be examined by this. Court. [568E·569B] Junm1an & Ors. v. The Slate of Punjab, A. I. R. 1957 S. C. 469 and Bhupendra Singh v. The State of Punjab, [1968] 3 S. C.R. 404. referred to. (2) The question of credibility of a witness has to be decided by referring to his evidence and finding out as to how the witness has fared in cross·examination and \Vhat impression is created by his evidence taken in the context of the other facts of the case. Decided cases can be of help if there be a question of law like ad4 missibility of evidence but reference to decided cases is hardly apposite when the question before the court is whether the evidence of a particular witness should' or should not be accepted. [574B·D] (3) In the instant case there appears to be no sufficient ground for disbelieving the evidence of the three eye witnesses. The witnesses had taken shelter ,and thus remained unhurt. As the ocular evidence consists of persons, two of whom were dose relatives of the two deceased, it is not likely that the eye witnesses would spare- the real assailants. The evidence of the eye witnesses as with regard to the part played by the two accused, whose conviction is upheld in respect of the murder of, one of the deceased is also in conformity with the medical evidence. [570E] . (4) ~s regards the other two accused, the evidence does not establish their com4 ph~1ty m the murder of the deceased beyond ~asonable doubt and it is extremely unlikely that the appellants _would have associated an old man with them in the ~ault, wh<?, on accoun~ of his age, ~ould be more of a handicap and a burden to- them especially at the tirne of escaping after the occurrence. [572D .. F] CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 152 of 1973. 562 SUPREME COURT REPORTS [1975] 1 S.C.R. Appeal by Special Leave from the Judgment & Order dated A the 4th April, 1973 of the Punjab & Haryana High Court in Crl. Appeal No. 906of1972 and Murder Ref. No. 55 of 1972. Frank Anthony and R. L. Kohli, for the Appellants. A. N. Mui/a, H. S. Marwah and D. P. Sharma, for the Respondents. The Judgment of the Court was delivered by KHANNA, J.-- Karam Singh (60) and his son Sukhdev :Singh (38) were shot dead m their field m the area B of village Dhandari at a distance of seven miles from • police station Sadar Ludhiana on August 5, 1971. Four persons Charan Singh (65), Mukhtiar Singh (50), Gurdev Singh (40) and Paramjit Singh (24) were tried in connection with that occur- rence in the court of the Sessions Judge Ludhiana. The learned C :Sessions Judge convicted Charan Singh and Mukhtiar Sing
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