SARUP SINGH versus STATE OF PUNJAB

Citation: [2005] SUPP. 3 S.C.R. 965 · Decided: 04-10-2005 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Judgment (excerpt)

SARUP SINGH 
A 
V. 
ST ATE OF PUNJAB 
OCTOBER 4, 2005 
[S.B. SINHA AND R.V. RA VEENDRAN, JJ.] 
B 
Penal Code, 1860-Sections 302134 & 456-House breaking by night to 
commit murder-Attempt to murder-11/egal use of fire-arms-Three accused 
including Appellant-Accused are police constables-Service rifle and live C 
cartridges recovered pursuant to confession of Appellant-Similar recovery 
from other two accused-One accused married to daughter of deceased-
Relationship between them strained-All accused though posted on patrol 
duty, found absent from place of duty at the time of incident-Conviction of 
Appellant by Courts below-Validity of-Held, valid-Jn view of the evidence, 
no motive was required to be proved on part of the Appellant as pleaded by D 
defence-Evidence of eye witnesses including injured eye witness rightly 
accepted by Courts below-Common intention on part of Appellant with that 
of the two co-accused established 
According to the prosecution, three police constables- Appellant, 'B' 
and 'D' clothed in police uniform and armed with service rifles went to E 
the residence of PW2 at night and scaled over the wall of court-yard; that 
B' and 'D' broke u·pon the doors of the rooms where PW2 and his wife 
were sleeping and fired at them and that when PW3 also reached the 
courtyard by scaling over the wall, a shot was fired at him by the appellant. 
At the relevant time, the three accused were purportedly deputed on patrol p 
duty at a 'naka' set-up. Consequent to the incident PW2 and PW3 suffered 
injuries, while PW2's wife died. 
Trial Judge found appellant as well as the other two accused guilty. 
The convictions were confirmed by the High Court in appeal. Hence the 
present appeal. 
Dismissing the appeal, the Court 
HELD: I. I. The Appellant made a confession leading to recovery of 
965 
G 
H 
966 
SUPREME COURT REPORTS (2005] SUPP. 3 S.C.R. 
A a service rifle having .303 bore alongwith 10 cartridges. A similar recovery 
was made from 'B' and 'D'. The arms and ammunition recovered were 
sent to a ballistic expert and it was opined that two of the cartridges had 
been fired from one of the 303 rifles and two from the other and five from 
the 7.62 MM rifle (SLR). The pillow, shoe and blood stained earth collected 
B from the place of occurrence were also found to have been stained with 
human blood. [971-A-C) 
1.2. Both the Trial Court as also the High Court accepted the 
evidence of PWI, PW2 and PW3. Both the Courts, furthermore, accepted 
the evidence of PWl4 to the effect that he had transported the three 
C accused. [971-D] 
1.3. The Appellant's posting with 'B' at the 'naka' set up is not 
disputed. Issuance of a .303 rifle with cartridges which had been issued 
to him by the authorities is also not in dispute. The animosity by and 
between 'B' and family of his wife also stands fully established. It has also 
D been established that the Appellant together with two co-accused were 
found missing from the place of his duty at 11 P.M. by their superior 
officers wherefor a report had been entered in the daily register at 11.30 
P.M. (971-E) 
E 
1.4. In view of the aforementioned evidence, motive on the part of 
the Appellant in commission of the crime takes a back seat which was, 
thus, not necessary to be proved. Evidence of the eye-witne~ses including 
the injured witnesses having been accepted by the two Courts and as 
nothing was pointed out on behalf of the Appellant as to why the said 
findings should be disturbed, this Court accepts the same. (971-F-G) 
F 
1.5. It is true that in the First Information Report, the name of the 
Appellant was not mentioned. The Appellant's complicity in the offence 
has been, proved by Inspector, PW 15 the SHO of the concerned Police 
Station who categorically stated that all the three accused were found 
G missing. It was also proved beyond reasonable doubt that they were issued 
official rifles which were used in the incident. (971-H; 972-A) 
1.6. In the First Information Report, it has categorically been stated . 
that 'B' was accompanied by two other persons in police uniform and all 
of them were armed with rifles. The evidence of PWt find support from 
H the evidence of PW2 and PW3 also. Both PW2 and PW3 had the occasion 
SARUP SINGH v. STATE OF PUNJAB [S.B. SINHA, J.) 
967 
to not only see '8' but also 'D' who not only broke down the door but A 
also dragged PW2 out from the room. It has not been disputed that the 
doors were found broken by the investigating 

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