JAGTAR SINGH versus STATE OF PUNJAB & ORS.

Citation: [1988] 2 S.C.R. 794 · Decided: 27-01-1988 · Supreme Court of India · Bench: B.C. RAY, K. JAGANNATHA SHETTY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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JAGTAR SINGH 
v. 
STATE OF PUNJAB & ORS. 
JANUARY 27, 1988 
[B.C. RAY AND K. JAGANNATHA SHETTY, JJ.] 
Indian Penal Code, 18W: Section 302-Accused giving blow with 
handle of tractor-Resulting in death of deceased on spot-Report of 
serologist and chemical examiner-Iron handle stained with human 
blood-Weapon recovered pursuant to disclosure statement of 
accused-Acquittal ordered by High Court set aside-Conviction and 
sentence by Sessions Court confirmed. 
Criminal Procedure Code, 1973: Section 154-FIR-Not expec-
ted to contain all details-Effect on value of testimony of witnesses. 
The accused-respondent No. 2 in the appeal and the deceased 
were neighbours. The prosecution alleged that on October 8, 1983 at 
about 4 P.M. the deceased along with one of his sons, P.W. 8 were 
taking their buffaloes from their house towards the fields. When they 
were moving in the lane the accused came from the opposite side driving 
a tractor. While the tractor was passing, it bit one of the buffaloes 
whereupon the deceased asked the accused whether he could not see the 
buffaloes and there was altercation. The accused suddenly got down 
from his tractor, and taking the handle of the tractor in his hand gave a 
blow on the forehead of the deceased. The deceased fell on the ground 
with his face downward. At that time P.W. 1-appellant in the Appeal, 
another son of the deceased, and P. W. 2 were coming towards the spot 
and they saw the occurrence. The accused gave 3-4 blows on the decea-
sed who was lying on the ground, and thereafter took to his heels 
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leaving the tractor behind. The deceased died on the spot. 
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P. W. 1 keeping P. W. 8 to guard the dead body, went to the police 
station which was about 12 kms from the spot of the occurrence, by 
bicycle, and there lodged the FIR (Ext. PA). The statement was re-
corded hy the Sub-Inspector, P.W. 9 who came to the spot at about 7 
P.M. and made an inquest report. The tractor was taken into possession 
by the Sub-Inspector, and after preparing the inquest report, he 
despatched the dead body for autopsy. The accused was arrested on 
October 9, 1983 and on the basis on his disclosure statement Ext. PG 
the handle of the tractor stained with blood was recovered. 
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JAGTAR SINGH v. STATE OF PUNJAB 
795 
The accused in a statement under section 313 of the Criminal 
Procedure Code pleaded innocence and stated that due to enmity he had 
been falsely involved. The Additional Sessions Judge on a consideration 
and appraisal of the evidence, convicted the accused-respondent No. 2 
under section 302 I.P.C. and sentenced him to suffer R.I. of life and 
also pay a fine of Rs.200 and in default to undergo further imprison-
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ment of two months. 
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The accused-respondent No. 2 appealed to the High Court. A 
Division Bench held that the occurrence was not witnessed by P.W. t 
and P. W. 8, that the accused was named in the FIR because of the 
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1 previous prolonged enmity, and that it would be unsafe to rely upon the 
\ ocular evidence without any independent corroboration, and acquitted 
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the accused. 
Allowing the complainant's appeal by Special Leave, 
HELD: I. An FIR is not expected to contain all the details. l799C-D I 
2. The statement of the eye witnesses are very clear and straight 
forward. There cannot be any doubt or possibility regarding the pre· 
sence of the two eye witnesses, PW t and PW 8 at the time of the 
incident. l799A-B] 
3. There is no room for doubt that the tractor was left at the place 
of occurrence by the accused while running aw y with the handle of the 
tractor. It is also very significant that the handle of the tractor used to 
give blows to the deceased was recovered as per the recovery memo 
(Exhitit PG) in pursuance of the disclosure statement made by the 
-r{lccused in presence of independent witnesses. It appears from the re-
port Exhibit PH of the Serologist and Chemical Examiner that the Iron 
handle was stained with human blood. l799E·Fl 
4. The prosecution case has been proved beyond reasonable 
doubt. The judgment and order of acquittal passed by the High Court 
is, therefore, set aside and the order of conviction and sentence passed 
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by the Additional Sessions Judge is affirmed. Non-bailable warrants be 
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issued forthwith for the arrest of the accused-respondent No. 2, and to 
put him in jail to undergo the remaining period of sentence. l799F·G] 
CRIMINAL APPELLA1E JURISDICTION: Criminal
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