SARBIR SINGH versus STATE OF PUNJAB

Citation: [1993] 1 S.C.R. 1027 · Decided: 11-02-1993 · Supreme Court of India · Bench: K. JAYACHANDRA REDDY · Disposal: Dismissed

Judgment (excerpt)

r 
SARBIR SINGH 
v. 
STATE OF PUNJAB 
FEBRUARY 11, 1993 
[K. JAYACHANDRA REDDY AND N.P. SINGH, JJ.] 
Indian Penal Code, 1861>-Section 302-<:onviction under-Murdei-
Proof of-Circumstantial evidence-Appreciation of evidence by Court-Duty 
of Court-Evidence adducefi by prosecution clear and unambiguous-Effect 
of 
The prosecution case was that the appellant and the deceased were 
intimate friends. The appellant nursed a grudge against the deceased, as 
he misbehaved with the wife of the appellant. 
A 
B 
c 
On July 8, 1979 in the morning the deceased accompanied the D 
appellant to Mohali, where the appellant wanted to do business. At 
Mohali, the appellant went to the brother of his wife (P.W. 11) and 
borrowed a bicycle, leaving the deceased at a shop. Later both left the shop 
on the bicycle. The deceased was pedalling the bicycle while the appellant 
was sitting behind on the carrier of the bicycle. P.W. 5 saw them going by E 
the side of the Gnrdwara, Sahib Singh Sabha. At abont 2.45 P.M. on the 
same day, P.W. 5 when went to the Gurdwara, one Om Parkash came there 
y 
and told P.W.5 that an injured Sikh gentleman was lying on the ground in 
the campns of the Gurdwara. P.W. 5 accompanied by one Balwinder Singh 
came to the spot. He identified the victim lying on the ground bleeding 
profusely. The members of the Gurdwara Committee were summoned. The F 
members who were available reached. The victim succumbed to the in-
jnries in the meantime. P.W. 5 accompanied by one Chatter Singh lodged 
the First Information Report at 4.00 p.m., the same day. 
The prosecution case was based solely on the circumstantial G 
evidence and it could prove the chain events beyond reasonable doubt by 
the evidences of its witnesses. 
The appellant was convicted under section 302 of the Indian Penal 
Code and was sentenced to undergo imprisonment for life by the trial 
Con rt. 
H 
1027 
.. ·~ 
1028 
SUPREME COURT REPORTS 
[1993] 1 S.C.R. 
A 
Dismissing the appeal, this Court, 
HELD : 1.01. It is said that men lie but circumstances do not. Under 
...,.. 
B 
the circumstances prevailing in the society today, it is not true in many 
cases. Sometimes the circumstances which are sought to be proved against 
the accused for purpose of establishing the charge are planted by the 
elements hostile to the accused who find ont witnesses to fill up the gaps 
in the chain of circumstances. [1031D] 
1.02. In countries having sophisticated modes of investigation, every 
trace left behind by culprit can be followed and pursued immediately. 
C 
Unfortunately it is not available in many parts of this country. That is why 
Courts have insisted (i) the circumstances from which the conclusion of 
guilt is to be drawn should in the first instance be fully established; (ii) all 
the facts so established should be consistent only with the hypothesis of 
the guilt of the accused and should be such as to exclude every hypothesis 
but the one sought to be proved; (iii) the circumstances should be of a 
D 
conclusive nature; und (iv) the chain of evidence should not have any 
reasonable ground for a conclusion consistent with the innocence of the 
accused. [1031E-F] 
E 
1.03. If at a trial the prosecution adduces direct evidence to prove 
the charge, the Court is primarily concerned whether the witnesses who 
have testified about the role of the accused are reliable. Once the Court is 
satisfied that the witnesses who ere said to have seen the occurrence are 
trustworthy and inspire confidence, the finding of guilt has to be recorded, 
if otherwise the accused has to be acquitted. But in a case based on 
circumstantial evidence neither the accused nor the manner of occurrence 
F 
is known to the persons connected with the victim. [10318-C] 
1.04. Suspicion and conjecture should not take place of legal proof. 
).. 
It is true that the chain of events proved by the prosecution must show 
that within all human probability the offence has been committed by the 
G accused, but the Court is expected to consider the total cumulative effect 
of all the proved facts along with the motive suggested by the prosecution 
which induced the accused to follow a particular path. The existence of a 
motive is often an enlightening factor in a process of presumptive reason-
ing in cases depending on circumstantial evidence. [1032C-D] 
H 
1.05. The evidence adduced on behalf of the prosecution is clear, 
y 
.. 
SARBJR SINGH v. STATE OF PUNJAB [N.P. SINGH, J.] 
1029 
unambiguous and in

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