MUKHTIAR SINGH AND ORS . versus STATE OF PUNJAB

Citation: [1995] SUPP. 5 S.C.R. 827 · Decided: 30-11-1995 · Supreme Court of India · Bench: A.S. ANAND, K. VENKATASWAMI · Disposal: Appeal(s) allowed

Judgment (excerpt)

• 
MUKHTIAR SINGH AND ORS . 
A 
v. 
STATE OF PUNJAB 
NOVEMBER 30, 1995 
[DR. A.S. ANAND AND K. VENKATASWAMI, JJ.] 
B 
I.P.C.-Section 302 and 201-Allegation that the in-laws caused the 
death of the deceased-Cousin of deceased was the eye- witnes~lncident not 
told to anyone by the cousin-Held, conduct of the cousin is unnatural and 
his evidence is not reliable-Body cremated one day after the death-Held, c 
there was no undue haste in cremation. 
It was the case of the prosecution that P.W. 3 was the cousin brother 
of the deceased. On March 11, 1984 at around 5 p.m., he heard noise from 
the side of the house of the appellant and went there. It is alleged that he D 
saw that the appellant No. 1 (who was the husband of the deceased) and 
his family members were assaulting the deceased with "dangs" and as a 
result of the assault, she fell down. He allegedly protested but to no avail. 
P.W. 3, thereafter, left for his village and on way he narrated the incidence 
to P.W.4. However, he did not report incident either to the police or to the 
relatives of the deceased. 
E 
It was further alleged by the prosecution that when the body was 
being crem"ted by the accused at 2 p.m. on March 12, 1984, on being 
informed about the fate of his daughter by one X, the father of the deceased 
along with few others reached the spot and on seeing them the appellants 
F 
ran away. The matter was thereafter, reported to the police and a case was 
registered against the appellant. 
During trial the prosecution examined one witness to show that the 
deceased was being ill-treated by her in-laws. The witness in his evidence, 
mentioned that the deceased had informed him that she was slapped about G 
fifteen days prior to the occurrence. P.W. 7 was examined to prove the 
alleged extra- judicial confession made by some of the appellants. 
j.. 
The Special Court convicted the appellant No. 1 under Section 302 
I.P.C. c.nd the remaining appellants under Section 201 I.P.C. The appel-
lants appealed to this court under Section 14 of the Terrorist Affected H 
827 
828 
SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R. 
A Areas (Specific Courts) Act, 1984. 
-
• 
Allowing the appeal, this court 
HELD : 1. The only incident upon which the allegations of the 
deceased being maltreated were based, was allegedly a slap given to the 
B 
deceased about fifteen days prior to the occurrence. If in nine years of 
married life, this was the only incident which could be recounted, it may 
be said that the allegations regarding maltreatment of the deceased by the 
~. 
appellants have not been proved. [832-D] 
c 
2. Evidence of P.W. 3 does not at all inspire any confidence. His 
conduct belies his testimony. Though closely related to the deceased he did 
not inform about what he had seen to anyone at all except to P.W.4 who has 
in his deposition belied the statement of P.W. 3; he did not raise any alarm 
when injuries were being caused to the deceased and though the police 
station is at a distance of 5 kms. from the village and he, besides being 
D relative of the deceased is also the sarpanch of the village, he did not go to 
lodge any report. Not only did he keep quiet about it on the date of the 
.... 
occurrence but on his own showing, even on the next day he did not convey 
the information to anyone till his statement came to be recorded during the 
inquest proceedings at the cremation ground. [833-C; 832-G-H; 833-A] 
E 
3. P.W. 7 has been examined by the prosecution to support its version 
regarding the alleged extra judicial confession made by some of the appel-
lants to him and his producing the appellants before the police. The 
investigating agency falsely introduced this witness to lent support to 
another false witness, P.W 3 and thereby exposed the tainted nature of 
' 
F 
investigation. [833-D; F] 
4. The medical evidence is neither decisive nor conclusive and it fails 
to connect the appellants with the crime and does not go against the 
defence version of the deceased having died instantaneously as a result of 
the fall. The absence of any bony injury is more consistent with the defence 
_, 
G version than the prosecution case. [834-B] 
5. The conduct of an accused is indeed a relevant consideration to be 
taken note of by the courts while considering the correctness or otherwise 
.t 
of the prosecution version but in this case evidence led by the prosecution 
to demonstrate the guilty conscience of the appellants is wholly unsatisfac-
': 
H tory. 

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