RAM LAKHAN SINGH AND ORS. versus THE STATE OF UTTAR PRADESH

Citation: [1978] 1 S.C.R. 125 · Decided: 06-05-1977 · Supreme Court of India · Bench: P.K. GOSWAMI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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125 
RAM LAKHAN SINGH AND ORS. 
A 
v. 
THE STATE OF UTTAR PRADESH 
May 6, 1977 
[!'. K. GOSWAMI, A. C. GUPTA AND P. N. SHINGHAL, JJ.J 
Indian Penal Code, ss. 396 and 302/149, conviction and 
death sentence 
11nder-Adn1itted enmity between accused and family of deceased-Independent 
neighbouring witnesses not examined by prosecution-When crime established 
but criminals' participation questionable, conviction not niaintainable. 
Under 
Art. 136 when appreciation of the entire evidence is undertaken. 
B 
A dacoity was committed in viliage Jafrapur at about 9 P.M. The inmates 
C 
of the house raised alarm. 
A large crowd gathered at the gate and lit a fire 
to add to the moonlight to enable recognition of the dacoits who opened fire 
and murdered three members of the family. The accused were of neighbourhood 
and admittedly inimical to the family of the deceased but apart from three 
inmates of the house, an inimical neighbour and another person, no independent 
witness from the crowd was examined by the prosecution. 
The accused were 
tried and convicted by the Sessions Court u/s. 396 and in the alternative under 
s. 3021149 I.P.C., and sentenced to death. They were also ronvicted under ss. 
148, 395 and 324/149 J.P.C. and variously sentenced. The High Court affirmed 
D 
the conviction and sentence. 
On appeal by special leave, this Court agreed that the crimes were established, 
but doubted the appellants' participation in the same. Acquitting them of all 
the charges, the Court, 
HELD : It is not enough in this case that the inmates were natural witnesses, 
and that they could correctly describe what had taken place inside the house. 
The real question is whether the accused have taken part in the crime and their 
E 
imolication in the case is free from reasonable suspicion. 
The appreciation of 
the evidence against the accused is replete with infirmities affecting the very 
quality of appreciation and are unable to hold that the prosecution has esta-
b1ished the charges against the accused beyond reasonable doubt. (133 B, 13S AJ 
That ordinarily this Court does not reappreciate the evidence in an appeal 
u/ Art. 136 will not stand in the way of going into the whole matter once again 
in such an unusual case. This Court will not deny protection under Art. 136 
when there is a pervading sense of judicial unsafety in relying upon the evidence 
F 
for the ourpose of conviction. 
The Courl observed : 
The police cannot conscientiously rest on their oars after submitting a hasty 
<'harge-sheet leaving for good the track of the real offenders of the crime. 
Dagdu and Ors. etc. v. State of .Maharashtra [1977] 3 S.C.R. 636, referred to. 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 423 
of 1974. 
(Appeal by Special Leave from the Judgment and Order dated 
1-1-1974 of the Allahabad High Court in Cr!. Appeal No. 1086 of 
1973 and Referred No. 60 of 1973.) 
· 
G 
R. K. Garg, S. C. Agarwal, V. J~ Francis, A. P. Gupta and U. P.' 
H 
Misra, for the appellants. 
D. P. Uniyal and 0. P. Rana, for the respondent. 
I 
' >
A 
B 
c 
D 
126 
SUPREME COURT REPORTS 
[1978) 1 S.C.R. 
The Judgment of the Court was delivered by 
GOSWAMI, J .-There are cases where crimes are established but 
criminals' participation is shrouded in suspicion. This is one such case. 
f 
Three murders were committed in the course of a dacoity during 
the early part of the night on April 20, 1972, at about 9 .00 P .M. 
All the inmates of the house under attack had not then finished their 
meals. 
Lights were burning. 
The village 
was 
awake. 
Accused 
are known and of the neighbourhood combining with four unknown 
persons. 
They came armed with fire-arms. 
The fire 
was 
opened 
and two men and one woman fell to the fatal bullets. 
Shrieks and shouts came from the house as well as from the 
house-top where insiders took position, torchlight with one of them, 
shouting frantically for help. 
A large number of men gathered at 
the gate, some of them even while dacoity was going on inside. 
A 
fire was lit at the gate to add to the moonlight to enable recognition 
of the dacoits. 
What does it all lead to? Only three inmates, 
PWs 1 to 3, an 
inimical neighbour (PW 4) and a witness (PW 5), 
out 
of the 
hundred who gathered and who had not even been examined by the 
police during the investigation, are before us to testify to the guilt of 
the four assailants awaiting their death sentence under section 396 
IPC or 302/149 IPC. 
A perusal of the High Co

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