STATE OF BIHAR versus PASHUPATI SINGH & ANR. & VICE VERSA

Citation: [1974] 1 S.C.R. 742 · Decided: 24-09-1973 · Supreme Court of India · Bench: HANS RAJ KHANNA · Disposal: Disposed off
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Judgment (excerpt)

742 
STATE OF BIHAR 
v. 
PASHUPATI SINGH & ANR. & .VICE VERSA 
September 24, 1973 
[H. R. KHANNA AND A. ALAGIRISWAMI, JJ.] 
A 
Cr_iniinal Law-Practice and procedure-Whether identification chart should 
B. 
conta111 a complete stat~111~nt. 
The t\vo deceased, husband and wife, along with their daughter and servant 
were travelling by train. At a wayside station the two appellants and another 
co·accused, still absconding, got into the compartment armed with deactly wea· 
pons. 
The husband and wife were robbed and in the scuffie that followed both 
were fatally injured. 
After the arrest of the accnsed they were identified by 
the daughter and the servant of the deceased. The accnsed were convicted by 
C. 
the trial court for the offences under sections 3!1.4 and 302 I.P.C. 
The High Court, holding inter o.lia, that in the test identification chart there 
was no specific mention about the assault by the first accused on one of the 
deceased. acquitted both the accused of the offence under s. 302 I.P.C. 
Dismissing the appeal . of the appellants with respect to the offence under 
s. 394 and allowing the appeal by the State with respect to the offence under 
s. 302. 
. 
D 
HEI.D : The use made by the judges of the High Court of the test identifi-
cation chart was faulty. 
Tho test identification chart would not and could not 
be expected to contain a complete statement. The two accused were identified 
by the two eye-witnesse• and they both spoke of the attack 011 one of the 
deceased by the second accused. It could not, however, be said that the first 
accused did not cause injuries to anybody or that nobody caused any injury· 
to the other deceased. The High Court also did not find that the first accused 
did not cause any injury to either of the deceased. 
[74SE1 
E 
If it \Vas difficult to say which injury was caused by which of the accused;. 
the natural inference would be that all the three accused caused one injury each 
on each o"f the deceased. As the injury caused by the weapons in the hands of 
the two accused were such as were enough to cause death, the two accused 
were equally guilty of murder .. The fact that they could not have started with 
the intention of committing murder but only to commit robbery was not rele-
vant. The injuries were sufficient in the ordinpry course of. nature to cause death 
F-
and, therefore, the accused would be guilty of murder. 
(745 G-H) 
Considering the fact that there had been a long interval between the date 'of 
the offence and dismissal of the appeal and the mental agony Undergone by the 
accused, the ends of justice would be piet if sentence of life imprisonment was 
award. 
[7468) 
CR1inNAL AnELLATE JURISDICTION : Criminal Appeal Nos. 
53 
and 54 of 1970. 
G 
Appeals by special leave from the judgment and order dated the 
15th October, 1969 of the Patna High Court in Criminal Appeals Nos. 
150, 152 and 167 of 1969. 
u. S. Prasad, S.K. Sinha, B. B. Sinha and D. p. Mukerjea, for the 
appellant (in appeal 53170) and respondent (in appeal 54/70). 
H 
U. P. Singh, for the respondent (in appeal 53/70) and appellants 
(in appeal 54/70)-
· 
. 
A 
B 
c 
D 
E 
F 
G 
H 
BIHAR v. PASHUPATJ SINGH (Alagiriswami, !.) 
743. 
The Judgment of the Court was oelivered by 
.ArAGIRIS\VAMI, J. The two appellants in Cr!. A. N. 54 of 1970 
wc:re tried before the Additional Sessions Judge of Bhagalpur for off-. 
ences under ss. 302 2nd 394 of the Indian Penal Code and convicted by 
him for both the offences. 
On a reference made by the Additional 
Sessions Judge for confirmation of the death sentence awarded to them 
and two appeals filed by them, the High Court of Patna upheld their 
conviction under s. 394 but acquitted them of the offence under section 
302. The accused as well as the State of Bihar have appealed to this. 
Court, the former in respect of their conviction under s. 394 and the 
State against their acquittal in respect of the offence under s. 302. The 
facts giving rise to these appeals are as follows : 
Ram Prasad Manda!, a resident of Bhagalpur, his wife Rukmini 
and their daughter Pushpa Devi were returµing from Vellore, where 
the daughter under-went treatment. They 
were 
travelling 
from 
Calcutta to Ilhagalpur by the Howrah Danapur Fast Passenger on. 
6·4-1965. They were accompanied by their servant 
Mohan Lal 
(P.W·l). At Pirpainty railway station appellant Pashupati Singh 
entered their compartment and when the train reached Ghogha railway 
station appellant Sutali Ra
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