RAMESHWAR SINGH versus STATE OF JAMMU & KASHMIR

Citation: [1972] 1 S.C.R. 627 · Decided: 07-09-1971 · Supreme Court of India · Bench: J.M. SHELAT · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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RAMESHWAR SINGH 
v. 
STATE OF JAMMU & KASHMIR 
September 7, 1971 
[J. M. SHELAT, I. D. DUA AND S. C. RoY, JJ.J 
627 
Crhninal Trial-Accused not known to lVitnesses-Nn identificatiott 
parade or description Of accused in F.l.R.-Weight of 
Identification in 
Court. 
Code of Criminal Procedul'e (Act 5 of 
1898), 
ss. 161 and 162-
Statenzents to police d1lring investigation-Use of. 
The appellant was convicted of the offence of murder 
by shooting 
and tbe High Court confirmed the conviction and the sentence of death. 
In appeal to this Court, 
HELD : The conviction and the sentence should be set aside. 
(1) The substantive evidence of a witness is his evidence in the trial 
court. 
But then the accused person is not previously known to a witness 
when the identification of the accused by the witness 
soon 
after the 
formcr's arrest is of vital. importance because it furnishes to the investigat-
ing agency an assurance that the investigation is proceeding on right lines,. 
in addition 
to furnishing 
corroboration of his own evidence in couJt. 
[631 A-CJ 
lrf the present case, the evidence of the witness who gave the F.I.R. 
showed that he did not give any description of the person who was alleged 
to have fired the shots. Nor did he state in the F.I.R. that he knew the 
appellant previously. There was no evidence to show that the witness had 
identified the accused in the Committing Magistrate's Court. Therefore, 
his identification in the Sessions Gourt of the accused without any previ-
ous identification at a test parade, and 
without any 
description in the 
F.L.R. to corroborate it, is far too slender a piece of evidence ta support 
the appellant's conviction. [631 F; 633 B-E; 635 D, Fl 
(2) Some of the witnesses had stated in their evidence that they had 
heard the name of the accused being called but neither this fact nor the 
name of the accused was mentioned in the F.I.R. The High Court was. 
in error in taking into consideration the contents of the statements record-
ed' under s. 161, Cr.P.C., of the Various witnesses, during the course of 
investigation, lfor the purpose of finding corroboration of their statements. 
in court !hat the name of the accused was disclosed lo the police. If the 
accused's name was really disclosed soon after the occurrence steps would 
have been taken by the investigating authorities to arrest him immediately, 
but no suC:h action was in fact taken. [634 D; 636 C-D] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
3 of 1971. 
Appeal by special ]eave from the judgment and order dated 
October 30, 1970 of the Jammu and Kashmir High Court in 
Criminal Appeal No. 12 of 1969 arld Criminal Referemce No. 10 
of 1969. 
'628 
SUPREME COURT REPORTS 
[!972J l S.C.R. 
Ram Asray Misra, Risi Ram, 0. P. Rana and R. Bana, for 
the appellant. 
D. Mukherjee and R. N. Sachthey, for the respond~!. 
The Judgment of the Court was delivered by 
Dua, J. 
Only two points were argued at the bar in this 
appeal by special leave because if we agree with the appellant's 
learned counsel on these points then the appeal must succeed 
and the appellant must be acquitted without going into the other 
points relating to the appellant's guilt intended to be raised on 
his behalf by his counsel. The relevant facts of the case necessary 
for appreciating the two important points relating to the legality 
of the appell~nt's conviction may briefly be stated : 
On the morning of October 7, 1967 a football match was 
being played at the Srinagar Stadium between the Kashmir Uni-
versity and the Punjab University teams. The Kashmir Univer-
sity team (hereafter called the home team) was the first to secure 
one goal against the Punjab University team (hereinafter called 
the visiting team). The players of the home team were naturally 
cheered by the spectators, when they scored rthe first goal. After 
a few minutes the visiting team equalised the score and a little 
later secured another goal against the home 1team. This in turn 
brought cheers and applause for the visiting team from 
the 
specta.tors. It appears. f!lat some of the more enthusiastic specta-
tors rushed to the football ground and are said to have made some 
provocative gestures towards the players of the home team. ·This 
apparently annoyed n.ot only the players of the home team but 
also their sympathisei's amongst ihe spectatori and a clash be-
tween the rival sets of sympathisers of the two teams :•mongst the 
spectators 

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