HARI SINGH versus STATE OF HARYANA

Citation: [1993] 3 S.C.R. 61 · Decided: 13-04-1993 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed
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Judgment (excerpt)

HARi SINGH ETC. 
A 
v. 
STATE OF HARYANA 
.APRIL 13, 1993 
[DR. A.S. ANAND AND N.P. SINGH, JJ.] 
B 
Constitution of India 1950: 
Article 136-Does not confer right of appeal-Only right to apply 
.,,.... 
for special leave to appeal. 
c 
-
-.-
Indian Penal code: 
Sections. 148, 149, 302, 304 Part II and 323-Different accused 
when held to have neither common object or common intention-Held 0 
guilty of offence under Section 323. 
Practice and Procedure : 
SLP of Co-accused rejected-Effect of SLP 011 other 
accused-Doctrine of stare decisis-Applicability of 
The three appellants in the two appeals along with 3 others, were 
tried for having committed murder. One of the accu~ed beinga minor, 
his trial was separated so that the same could be conducted by the 
E 
Children Court. 
F 
The case of the prosecution was that on the night intervening 6th 
and 7th October, 1982 the deceased and PW16. who was the first 
cousin of the deceased, were returning after witnessing Ram Leela. At 
that time the aforesaid 5 accused were also· returningfrom the show G 
Jtnd it was alleged that they teased some girls of the village who had _ 
also gone to see the Ram Leela, and that the dect>.::ised and PW16' 
objected to this behaviour of the accused persons. On this the accused. 
persons abused them which was followed by exchange of abuses from 
both the sides. PW13 intervened and pacified them. Next day at about 
2.30 p.m. the deceased and Pw16 went to their flour mill to bring back H 
61 
62 
SUPREME COURT REPORTS 
[1993] 3 S.C.R. 
A their bullocks and fodder cart .. Tub of the accused with Pharsas, one 
with a Ballam, and three others with sticks came there. One of the 
accused abused the deceased and Pw16 saying that they w~uld teach 
them a lesson for abusing them the previous night. Having said .so one 
of the accused gave a pharsa blow from the blunt side on the head of 
the deceased. The other gave a pharsa blow on the head of the 
B deceased. PW 16 raised an alarm and the remaining accused gave blow 
to PW16. PW16 also got a blow of Ballam from the blunt side on his 
head. Thereafter an alarm was raised and all the accused persons fled 
away from the place of occurrence. 
C 
The victim was taken to the local Hospital on a tractor and 
thereafter he was referred to A.I.I.M.S., New Delhi, where PWl 
examined him and also sent information to the police post at about 
4.15 p.ni. The victim reached the A.I.I.M.S. at about 7.25 p.m. where 
he was examined. A.S.I., PWl 7 who had got the information about the 
occurrence went to the Institute and the statement was recorded. 
D 
'-
PW17 took up the investigation. The victim died in the Institute the 
next morning at 7 .00 a.m. The post-mortem examination was held by 
PW 15 on 8 th October, 1982 at 4.30 p.m. on 12th October~ 1982 PWI 
examined one of the accused Suresh under the orders of judicial 
Magistrate and he made a report regarding the injuries he had 
E received the duration of the time in respect of the injuries which he 
stated was 3 to 6 days. 
The five accused were put up for trial, and the Session Judg,e 
convicted and sentenced all these accused for offences under Section 
F 
302 read with 149, Sections 148 and 323 read with Section 149 to 
imprisonment for life. The High court having dismissed their appeals, 
the three appellants filed two appeals to this Court. 
In ,the appeals to this court it was contended on behalf of the 
appellants that on the materials on record the Courts below should 
G have come to the cohclusion that the prosecution had suppressed the 
real manner of occurrence and had disclosed a version of the occurence 
which cannot be accepted. It was pointed out that the accused-Suresh, 
.. 
Vijender and Vi render were the sons of accused Hari Sing who was 
t:.-
aged about 60 years, and that it was highly improbable on the part of 
H Hari Singh to join his sons for committing the murder of the deceased-
' . ... 
HARISINGHv. STAIBOFHARYANA 
63 
Mange Ram who had protested about the behaviour of his sons. It was A 
submitted that in view of the admitted position that the residential 
unit, and the tube-well being by the side of the flour mill of the 
deceased there was no question of the accused persons going to the 
· flour mill of the deceased to assault the deceased and PW16. It was 
further submitted that in the First Information Report the name of 
accused Suresh was mentioned in connection with the previous B 
night's incident and that he and Satbir gave
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