LexDARSHAN SINGH versus STATE OF PUNJAB
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[2016] 1 S.C.R. 555
DARSHAN SINGH
v.
STATE OF PUNJAB
(Criminal Appeal No. 2099 of2008)
JANUARY 06, 2016
[DIPAK MISRA AND PRAFULLA C. PANT, JJ.]
Penal Code, 1860 - ss.302 and 324 - Prosecution of
appellant-accused along with 6 accused for offences u/ss 148, 3021
149, 3071149, 3241149, 218 and 201 !PC - Prosecution case that
accused party and complainant party were facing proceedings u/s
1071151 Cr.P.C. and the incident took place when the parties had
gone before the Court of the Magistrate for attending the
proceedings - Trial court acquitted 3 of the accused including the
appellant-accused - In State appeal, High Court set aside the
acquittal of appellant-accused and convicted him u/ss.302 and 324
- On appeal, held: The evidence of three injured eye-witnesses is
corroborated by the medical evidence - The appellant-accused has
been assigned specific role in assault - Thus the prosecution has
discharged its burden to prove the case - The plea of alibi by the
accused has been rightly held to be false - Therefore, the appellant-
accused has rightly been convicted by the High Court.
Evidence - Plea of alibi - Nature of - Plea of alibi is not one
of the exceptions contained in Chapter IV of !PC - It is rule of
evidence recognized u/s. 11 of Evidence Act - Such plea is required
to be proved only after prosecution has proved its case - Evidence
Act, 1872 - s.11 - Penal Code, 1860 - Chapter IV.
Words and Phrases - 'Alibi' - Meaning of
Dismissing the appeal, the Court
HELD: 1. There are three injured eye witnesses in the
present case. It is a case of day light incident. Injuries on the
person of said eye witnesses have been corroborated by the
doctors PW-4, PW-5 and PW-14. Ocular testimony of eye
witnesses cannot be discarded lightly. Injured eye witnesses have
assigned specific role as to how the appellant-accused assaulted
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SUPREME COURT REPORTS
[2016] I S.C.R.
one of the deceased who suffered ante mortem injuries which
gets corroborated from the autopsy report of the deceased. Once
the prosecution has discharged its burden, the burden to prove
that appellant-accused was not present with other accused at the
place of incident and had gone elsewhere, lies on him. (para 12)
(560-E-G J
2.1 The High Court has correctly held that the appelfant-
accused has taken false plea of alibi. It is proved on the record
that in the proceedings under Section 107/151 of Cr.PC before
Executhe '.Vlagistrate, he was to be present in said case on
17.02.1995. His presence and role is narrated in detail by the
injured eye witnesses. Jn view of his role in the incident narrated
by the eye witnesses, it is hard to believe that after moving
application on 16.02.1995 for casual leave for 17.02.1995, the
appellant attended the school next day in the first half and sought
half day leave thereaftet~ The attendance register was not seized
immediately after the incident. His pica of alibi is vacillating.
(para 16( (562-D-EJ
2.2 The word alibi means "elsewhere". The plea of alibi is
not one of the General Exceptions contained in Chapter IV of
IPC. It is a rule of evidence recognized under Section 11 of the
Evidence Act. However, plea of alibi taken by the defence is
required to be proved only after prosecution has proved its case
against the accused. In the present case, said condition is fulfilled.
(para 17J J562 -F-GJ
CRl\-llNAL APPELLATE JURlSDICTlOl\i : Criminal Appeal
No. 2099 of2008
From the Judgment and Order dated 02.09.2008 of the High Court
of Punjab and Haryana at Chandigarh in Criminal Appeal 568-DBA of
1998.
K. T. S. Tulsi. Kuber Boddh. "iaYandeep Matta. 1\iraj Gupta. Raj
Kamal for the Appellant.
Saurabh Ajay Gupta, AAG, 1\ ishant Bislrnoi Kuld ip Singh for the
Respondent.
The Judgment of the Court \\as delivered by
DARSllAN SIN(ill \. STAT!'. or l'LINJAB
PRAFllLLA C. PANT, .J.
I.
This appeal is directed against
judgn1cnt and order datL"d 02.09.2008. passed by I ligh ('our! or Punjab
and 1-laryana. ('handigarh. \Vhcrcby the I ligh C'nun has disposed nf
Criminal Appeals No. 209 D.13. and 568 DllA. both or I 998 and Criminal
Revision No. 654 or I 998. The appeal tiled b~ the State qua Darshan
Singh (present appellant) against his acquittal by the trial court. \Yas
allo\vcd and his acquittal \\'as reversed. ·rhc pn:scnt appellant has hl'Cll
convicted by the I ligh Court under Secti<Hl 302 ot. Indian Penal Code.
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