DARSHAN SINGH &. ANOTHER versus STATE OF PUNJAB

Citation: [1988] 2 S.C.R. 843 · Decided: 29-01-1988 · Supreme Court of India · Bench: G.L. OZA · Disposal: Case Partly allowed

Judgment (excerpt)

. i 
_,.) 
DARSHAN SINGH &. AN01HER 
V • 
STATE OF PUNJAB. 
JANUARY 29, 1988 
A 
[G.L. OZA,B.C.RAYANDK.JAGANNA1HASHETTY,JJ.J 
B 
Indian Penal Code, 1860: Sections 34 and 302-Murder by inflic-
ting injuries which were cruel-Sentence of death not justified in the 
absence of motive. 
Section 154-FIR-question as to time of recording-Such a ques-
tion to be put in cross_examination-Held, in the absence of any mate-
rial to the contrary, FIR was recorded immediately after the incident. 
Appellants Nos. t and 2 along with two other accused were con-
victed for the mnrder of the first Appellant's paternal uncle, his wife 
and daughter. First the brother, and then his daughter and wife were 
done to death with gandassa and kapa blows just outside their house. 
The motive alleged was that the first appellant's father and his 
deceased brother had inherited some land from their father and there 
were disputes about it, and by eliminating the family, one of the succes-
sors entitled to half share in the property had been removed. It was also 
alleged that the deceased man had no male issue and had only one 
daughter for whom negotiations for marriage were in the offing and 
appellant No. t and his father apprehended the entry of a stranger in 
the family as the son-in-law to succeed to the property falling to the 
share of the deceased man. The Trial Court convicted the appellants 
and sentenced them to death, while the other two accused were sent-
.,.__ enced to life imprisonment. 
AgW,.St the conviction and sentence, an appeal was filed. There 
was also a reference to the High Court, as death sentence was involved 
c 
D 
E 
F 
in respect of the two appellants. The High Court dismissed the appeal 
and conf'rrmed the death sentence. The appeal before this Court is filed 
G 
by the two appellants who have been sentenced to death. 
The motive alleged has been disputed on behalf of the appellants, 
as a will bad been executed by the deceased man in favour of the son of 
bis wife's brother, and that if at all there was a motive he should have 
also been eliminated. 
H 
843 
A 
B 
c 
844 
SUPREME COURT REPORTS 
[ 1988] 2 S.C.R. 
It was also contended that in the locality independent witnesses 
conld be availiible and they have not been examined. Another submis· 
sion was that one of the witnesses had complained against the Police 
omcer ·and so the Police Officers were prejudiced against him. The 
time at wblcb the FIR had been registered has also been questioned. In 
the absence of motive on the part of the second appellant, it was con-
tended, that the death sentence awarded to him is not justified. 
Allowing the appeal partly, this Court, 
HELD: t. The will was filed after the murders, in some civil 
proceedings when the legatee claimed to be brought on record in place 
of the deceased man. This apparently could not indicate that this will 
was in the knowledge or the appellants on the date of inddent. There-
fore the motive cannot be doubted. [848G-H] 
2. One of the witnesses is the maternal uncle of the deceased girl 
D 
and there were some negotiations for her marriage and for that purpoo;e 
be along with bis son had come to the house of the deceased. It is 
apparent that a maternal uncle is generally consulted when negotiations 
for marriage of a girl are in progress and apart from it both the courts 
below had accepted the testimony of this witness which is fully cor-
rol>orated by the First Information Report lodged immediately after the 
E 
Incident. It appears from the evidence that the nearby area was not so 
inhabitated and by that time in the evening no one else was available. 
Those who were present have been examined and in this view of the 
matter the contention that independent witnesses were not examined is 
of· no consequence. The names of the eye-witnesses have been 
mentioned in the First Information Report, which was lodged 
F 
Immediately after the incident and the statements of eye-witnesses have .lll 
been fully corroborated by m~ical evidence. No doubt could therefore .ri 
be raised about the reliability of such evidence. [849B-C; 851C] 
3. No relevant evidence was brought on record and not a single 
question was put to any witness or to the person who made the First 
G 
Information Report as to whether be had noted the correct time of the 
Incident. There is no material on record to show as to whether tbe 
persons who lodged the First Information Report, walked through l2'h 
kilometres or took a lift in a

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