DARYAO SINGH versus STATE OF MADHYA PRADESH

Citation: [1991] 1 S.C.R. 455 · Decided: 15-02-1991 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Dismissed

Judgment (excerpt)

DARYAO SINGH 
v. 
STATE OF MADHYA PRADESH 
FEBRUARY 15, 1991 
[A.M. AHMADI, V. RAMASWAMI AND 
M. FATHIMA BEEVI, JJ.] 
~ 
Indian Penal Code-Sections 34 and 302-Murder-Time of 
death-Blisters appearing on body-How far evidences the date and 
time of death. 
The appellant has been convicted under Section 302/34, Indian 
Penal Code, by the High Court, for the murder of one Nagji, with 
whom be had strained relations. According to the prosecution there was 
bad blood between the family of the appellant and the deceased and 
Y there have been incidents in the past, the last being the murder of two 
sons of the appellant and inflicting of grievous injuries on the third son, 
by the deceased, in which case, the deceased and his companions were 
acquitted. The appellant was keen to avenge the deaths of his sons and 
with that end in view, on 25th September, 1970, he along with three 
others, duly armed with guns and sticks, attacked the deceased, Nagji, 
while he along with his son PW4 was working in his field. The deceased 
~ Nagji raised an alarm which attracted the attention of PW 1 and PW 3, 
who were working in the adjacent field. They reached the spot and 
witnessed the incident. On their raising hue and cry, the appellant and 
his companions fled away PW 4 had run away frightened when a shot 
was fired at him. The deceased Nagaji received serious injuries on the 
head and his leg was cut into two pieces. PWs 1and3 went in search of 
PW 4 and on the way met two police constables PW 8 and PW 10 to 
whom they narrated the whole incident and disclosed the names of the 
~assailants. The deceased passed away, when his body was being taken to 
the police station. The postmortem examination was performed on the 
27th at 7 a.m. The appellant was put up for trial, as others were 
absconding. The learned trial Judge on appreciation of the prosecution 
evidence held that having regard to the long standing enmity between 
the two families, it was hazardous to place implicit reliance on the 
interested testimony of PWs 1, 3 and 4, more so because their testimony 
.. 
was not corroborated in material particulars by independent evidence. 
~ The Trial Judge applying the rule of prudence, did not convict the 
appellant on uncorroborated evidence of interested witnesses and ac-
cordigly acquitted the appellant. The State preferred an appeal to the 
455 
A 
B 
c 
D 
E 
F 
G 
l-1 
456 
SUPREME COURT REPORTS 
. (1991) 1 S.C.R. 
A 
High Court. The High Court held that although the three prosecution 
~ 
witnesses were closely related to the deceased, their evidence could not 
be discards solely on the ground that they were interested and partisan 
witnesses. The High Court found their evidence duly corroborated and 
therefore reversed the order of acquittal and convicted the appellant 
under Section 302/34, I.P.C. In this appeal the appellant had chal-
B 
lenged his conviction. Apart from the question of appraisal of evidence, 
the appellants has placed strong reliance on the testimony of PW 2, Dr. 
Sharma and argued for the f"Irst time in this Court that his testimony >-
shows that the death must have taken place long before 25th September 
1970---there being blisters containing reddish fluid all over the body. 
Dismissing the appeal, this Court, 
..... 
c 
HELD: Death had occurred on 25th September 1970 and the · 
dead-body law in the police station with the wounds exposed till it was y 
brought to the hospital at 5.20 p.m. on the next day. The body remained 
in the same condition in the hospital till 7 .00 a.m. on the next day when 
D 
the post-mortem examination was undertaken. The body thus remained 
fully exposed to the heat and humidity of the month of September for 
over thirty hours and hence it is not surprising that the rigor mortis had 
passed off. Ordinarily after rigor mortis has passed off, the process of 
putrefaction sets in but it may set in even earlier during summer 
depending on the heat and humidity. [ 462A-C) 
>---
E 
The evidence establishes the chain of events showing the move-
ment of the dead body and rules out the theory that death had taken 
place many days before 25th September 1970, a theory not put to the 
witnesses in cross-examination. [462H-463A) 
F 
Blisters appear after the process of decomposition sets in within 
G 
H 
eighteen to forty-eight hours. It shows that the existence of blisters does .._;--
not mean that death had taken place 14 to 20 days ago. [4648) 
CRIMINAL APPELLATE JURISDICTION: Criminal A

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