JABAR SINGH versus STATE OF M.P.

Citation: [2010] 9 S.C.R. 1144 · Decided: 12-08-2010 · Supreme Court of India · Bench: H.S. BEDI, C.K. PRASAD · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
[2010] 9 S.C.R. 1144 
JABAR SINGH 
v. 
STATE OF M.P. 
(Criminal Appeal No. 1464 of 2003) 
AUGUST 12, 2010 
[HARJIT SINGH BEDI AND CHANDRAMAULI KR. 
PRASAD, JJ.] 
PENAL CODE, 1860: 
s. 326 - Victim died fourteen days after sustaining gun-
shot injuries - Acquittal by trial court - Conviction by High 
Court uls 302 - HELD: No fault could be found with the finding 
of guilt against' accused recorded by High Court - There is 
0 on record the eye witness account of several persons 
including the wife of the deceased, and the four dying 
declarations recorded at the instanc~ of the deceased before 
several independent persons including an Executive 
Magistrate - Report of doctor that gun-shot injuries were not 
the immediate cause of death of the victim and he died due 
E to peritonitis which could not be attributed to the gun-shot 
injury - However, there is the categorical medical evidence 
that the victim died due to lack of care by his attendants as 
he had not been properly treated in the hospital - In this view 
of the matter, a case uls 302 cannot be spelt out - Accused 
F convicted u/s 326 with a sentence of 5 years RI and a fine of 
Rs. 5, 000 - Dying declaration. 
G 
H 
CRIMINAL APPELLATE JURISDICTION :Criminal Appeal 
No. 1464 of 2003. 
From the Judgment & Order dated 01.8.2003 of the High 
Court of Madhya Pradesh bench at Gwalior in Criminal Appeal 
No. 212 of 1990. 
1144 
JABAR SINGH v. STATE OF M.P. 
1145 
Lakhan Singh Chouhan, Dr. Kailash Chand for the 
A 
Appellant. 
Vibha Datta Makhija for the Respondent. 
The following Order of the Court was delivered 
ORDER 
This is a statutory appeal challenging the order of the High 
Court whereby the appellant has been convicted and sentenced 
B 
to imprisonment for life for the offence punishable under 
C 
Section 302 of the IPC. 
As per the prosecution story one Badan Singh, a cousin 
of Sarnam Singh (deceased in the present case) had been 
murdered about 25 years ago whereafter lnder Singh and 
Ramjit Singh, sons of Badan Singh had sold their land to the 
D 
deceased and had left the village. The house of Badan Singh 
was also being occupied by Sarnam Singh. The relatives of 
Badan Singh suspected that one Kedar Singh was responsible 
for his death. On 11th November, 1984, the dead body of 
Kedar Singh was seen floating in the canal and the accused 
in the present matter suspected that Sarnam Singh and some 
others connected with him were responsible for his death. On 
13th November, 1984 at about 8 . '9 P.M. the accused, all 
armed with fire arms, entered the house of Sarnam Singh 
whereafter Jabar Singh, the appellant herein, fired a shot at him 
which hit him on the navel and exited from the right buttock. 
Sarnam Singh, grievously injured, managed to run away towards 
E 
F 
his fields where he fell down. The other accused remained 
standing on the Chabutra and continued firing at Sarnam Singh 
though no shot hit him. Sarnam Singh was removed on a Bullock 
G 
·cart to police station Mehgaon by Sultan (PW.2), Urned Singh 
(PW.5), Munnalal (PW.1), shiv Naraya·n (PW.8) and Chhote 
Singh (PW.10) where Sarnam Singh himself lodged the FIR at 
0.45 hours on 14th November, 1984. Dr. F.C.Bansal (PW.4) 
also examined Sarnam Singh and noted several injuries on his 
H 
1146 
SUPREME COURT REPORTS 
[2010] 9 S.C.R. 
A person. He also arranged for the recording of his dying 
declaration on which Amrish Shrivastava (PW.15) an Executive 
Magistrate, was deputed and he recorded the dying declaration 
(Ex.P .12). Sarnam Singh was also referred to the Gwalior 
Hospital where Dr. C.S.Jaiswal (PW.16) recorded another 
B dying declaration (Ex.P.13). Sarnam Singh succumbed to his 
injuries on 28th November, 1984 where after his dead body 
was subjected to a post-mortem by Dr. R.C. Upadhyaya 
(PW.14). 
The Trial Court on a perusal of the evidence as also the 
C four dying declarations referred to above held that the accused 
had not been properly identified and as there appeared to be 
long enmity between the parties, the possibility of false 
implication could not be ruled out. The accused were 
accordingly acquitted. 
D 
The State of Madhya Pradesh thereafter filed an appeal 
in the High·Court. The High Court maintained the acquittal of 
four of the accused but reversed the judgment of the Trial Court 
with respect to Jabar Singh and convicted him under Section 
E 302 IPC and sentenced him to imprisonment for life. 
This appeal has been filed by Jabar Singh impugning the 
jud

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