MUNSHI SINGH GAUTAM (D) AND ORS. versus STATE OF M.P.

Citation: [2004] SUPP. 5 S.C.R. 1092 · Decided: 16-11-2004 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

Judgment (excerpt)

A 
B 
MUNSHI SINGH GAUT AM (D) AND ORS. 
v. 
ST A TE OF M.P. 
NOVEMBER 16, 2004 
[ARIJIT PASA YAT AND C.K. THAKKER, JJ.] 
Penal Code, 1860--Section 304 Parts I and /I-Custodial death-Charge 
againstfTVe police officials-Witnesses proving taking of the deceased to Police 
C Station and his being beaten-Manipulation by the accused in order to remove 
traces of crime-contradictions in the statement of witnesses and non-
corroboration of same by medical evidence-One of the lungs of deceased 
T.B. affected-Combined effect of alcohol consumed by deceased and injuries 
resulting in quicker death-Injuries simple in nature-313 Cr.P.C. statement 
of.one of the accused supported by evidence of one witness belies defence 
D version-Conviction by Courts below u!s 304 Part /-On appeal, held: 
Accusations proved only in respect of one of the accused while not established 
in respect of others-In view of the medical report conviction altered to Section 
304 Part II-Custodial violence. 
Criminal Trial-Test Identijication Parade-Nature, Object and effect 
E of on failure of conducting-Held: The object is to test memory of the witness-
/I does not constitute substantive evidence-Holding of the test cannot be 
claimed by accused as a matter of right-Failure to hold it would not make 
the evidence of identification in Court inadmissible-However attaching weight 
to it is a matter for the Courts of fact-Code of Criminal Procedure, 1973-
F Section 162. 
In connection with a theft, two persons including PW-12 were 
brought to Police Station. On disclosure of name of artother person, he 
was also brought to Police Station after midnight. In order to extort a 
confession from him he was allegedly beaten, as a result of which he died. 
G It was also alleg~d that the police officials, in order to remove the traces 
of the crime, threw the dead body in a nala, and they forged the 
Rajnomcha report by recording that they received an information that 
some person was lying in the Nala bed and was intoxicated badly. After 
pressure from public, the matter was investigated and charge-sheet was 
H 
1092 
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MUNSHI SINGH GAUT AM v. ST A TE OF M.P. 
1093 
filed against them. The accused denied the allegations. PW-14 was A 
produced to prove that he had seen the accused persons taking the 
deceased, but he stated in cross - examination that he did not know the 
physical description of the accused as he had not seen them on the date of 
occurrence. Evidence of PW-12 was full of unexplained contradictions, 
he had not stated the names of the accused when he was examined by the B 
police. The medical evidence ruled out the time of beating as claimed to 
have been witnessed by PW-12. The injuries were confined to skin and 
upper level of the body. The right lung was T.B. affected and the combined 
effect of alchohol and the injuries resulted in quicker death. PW-11, a 
doctor stated that the body of the deceased was brought to him by a police 
constable and the accused 'G', who had told him that the deceased had C 
come to the Police Station in a very bad state and with much difficulty he 
had told his name and fell unconscious. 
Trial Court convicted each of the accused for offences punishable 
under Section 304 Part I, Sections 330 and 201 IPC and the conviction 
was confirmed by High Court. During pendency of appeal before High D 
Court, appeal against one of the accused was held abated due to his death. 
In appeal to this Court, appellant accused contended that prosecution 
case is not supported by the evidence of PWs 12 and 14; that their evidence 
was belied by medical evidence; that their evidence could not have been 
relied on in absence of test identification parade. 
E 
Disposing of the appeal, the Court 
HELD: 1.1. The necessity for holding an identification parade can 
arise only when the accused are not previously known to the witnesses. 
The whole idea of a test identification parade is that witnesses who claim F 
to have seen the culprits at the time of occurrence are to identify them 
from the midst of other persons without any aid or any other source. The 
test is done to check upon their veracity. The main object of holding an 
identification parade, during the investigation stage, is to test the memory 
of the witnesses based upon first impression and also to enable the G 
prosecution to decide whether all or any of them could be cited as 
eyewitnesses of the crime. The identification proceedings are in the nature 
of tests and significa

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