RANVIR SINGH ETC. ETC. versus THE STATE OF MADHYA PRADESH

Citation: [2023] 1 S.C.R. 841 · Decided: 12-01-2023 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

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   [2023] 1 S.C.R. 841
841
RANVIR SINGH ETC. ETC.
v.
THE STATE OF MADHYA PRADESH
(Criminal Appeal Nos. 1384-1385 of 2009)
JANUARY 12, 2023
[B. R. GAVAI AND M. M. SUNDRESH, JJ.]
Penal Code, 1860 – ss. 148, 302/149, 324/149, 304 Part-II –
Acquittal under – Appellants-accused persons were charged of
having committed an offence u/ss. 148, 302/149, 324/149 – Dehati
Nalishi (Ex. P-28) was recorded as an FIR, in pursuance of the
information given by one of the deceased person ‘H’, in which he
stated that he along with the other two persons (K and PW-12) was
attacked by the appellants – The Statement of the H was recorded
at the place of occurrence by PW-20 (Investigating officer) and
later H died at the hospital – Trial Court convicted the appellants –
High Court confirmed life imprisonment for death of ‘K’ and modified
the same qua deceased ‘H’ to u/s. 304 Part-II – On appeal, held :It
was PW-20 who had recorded statement, it is highly doubtful as to
whether the deceased would be conscious enough to give the
statement, particularly in light of the injuries suffered by him – On
a perusal of the records, there were writings over the thumb
impression made under Ex. P-28 – It is rather strange as a thumb
impression would normally follow the statement; it has to find place
at the conclusion of the statement – This lends credence to the view
that thumb impression must have been obtained on a blank paper  –
The statement as the one actually given by the deceased to PW-20
cannot be treated as dying declaration – The statement specifically
excludes others and the same excluded were shown as witness by
the same investigating officer – There is no explanation given by
PW-20 as to why the statement of deceased was not recorded in the
presence of the judicial magistrate and duly certified doctor – Also,
the evidence adduced by the prosecution through eye witnesses is
not trustworthy – Witnesses were not able to name the accused –
However, they have identified the accused after 2 to 3 years for
first time in the Court – Test identification Parade ought to be have
been done – Much reliance was placed on PW-12, however, PW-12
was not examined by PW-20 – Statement of PW-12 u/s. 161 Cr.P.C.,
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SUPREME COURT REPORTS
[2023] 1 S.C.R.
if recorded was not marked – PW-12 also identified accused first
time in Court – Evidence of PW-12 cannot be relied upon – Therefore,
benefit of doubt given to the appellants-accused.
Allowing the appeals, the Court
HELD: Investigating Officer’s Role:
1. Even on the recording of the statement of the deceased
‘H’, P.W.20-the Investigating Officer was not very clear. The
discrepancy also extends to the place where the body was found
when the statement was recorded. An investigating officer is
expected to act in an un-biased, fair and in a manner that is
required of a public servant. His concern is to find out the truth.
The suppression of the statement given by the other witnesses
would obviously go to the root of the matter. One does not know
the clear picture, and therefore the benefit shall be extended to
the appellants. [Para 29][852-E-G]
2. P.W.20 is the one who recorded the statement. On the
discussion made, it is highly doubtful as to whether the deceased
would be conscious enough to give the statement, particularly in
light of the injuries suffered by him. There are not only incise
wounds, but there must have also been continuous bleeding,
which would have naturally occurred, as the case was registered
a day after the occurrence. The statement of witnesses contradicts
each other on this aspect. Furthermore, as rightly submitted by
the counsel for the appellants, on a perusal of the records, there
were writings over the thumb impression made under Ex. P-28.
It is rather strange as a thumb impression would normally follow
the statement; it has to find place at the conclusion of the
statement. It is found, on the scrutiny, that even after the thumb
impression over which there were obviously writings found, there
were some more sentences written. This obviously lends credence
to the view that thumb impression must have been obtained on a
blank paper and in a hurry, the contents were filled up
subsequently. [Para 31][856-H; 857-A-C]
Dying Declaration
3. There is absolutely no explanation given by P.W.20 as to
why he has not utilized the services of either a Magistrate or a
doctor, even after his first recording. The fact that he deposed
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that the statement 

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