STATE OF MAHARASHTRA ETC. ETC. versus SUKHDEO SINGH AND ANR. ETC .. ETC.

Citation: [1992] 3 S.C.R. 480 · Decided: 15-07-1992 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Disposed off
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Judgment (excerpt)

A 
STATE OF MAHARASHTRA ETC. ETC. 
" 
v. 
SUKHDEO SINGH AND ANR. ETC .. ETC. 
JULY 15, 1992 
B 
[AM. AHJ\1ADI AND K. RAMASWAMY, JJ.} 
Penal Code, 1860-Sections 302, 307 and 3~rosecution for murder 
of General Vaidya-Trial under TADA-Conviction and death sentence by 
Designated Court-Validity of. 
c 
Penal Code, 186Q-Sections 120B, 302, 307, 465, 468, 471and212 and 
-
Sections 3 and 4 of the Te"orist and Disruptive Activities :Act, 1985 and 
Section 10 of the Passport Act-Charges under against the accused-Convic-
tion and death sentence of accused 1 and 5 u/ss. 302, 307, 34, /PC and 
acquittal of other accused by Designated Court-Appreciation of evidence by 
D Supreme (Jourt-Findings of Designated Court approved. 
Evidence Act, 1872-Section 9-Test Identification parad~After long 
lapse of time, first time in Court-£vidential value of. 
E 
Evidence Act, 1872-Sections 3, 73-Appreciation of evidenc~ 
~-
Evidence regarding identity of author of document-Expert opinion-
Reliability of-Comparing documents by Court-Effect of-Identification of 
accuse~vidential value of. 
-
Code of Criminal Procedure, 1973-Section 311-Statements recorded 
F 
undel"-Evidential value of-Plea of guilt tantamount to admission of all facts 
constituting offence-Court's duty. 
Te"orist and Disruptive Activities Act, 1985-Sections 3(2)(i) or- (ii) 
and 3(3) read with sections 120B, 465, 468, 471, 419, 302, 307, 34, 
/PC-Charged under-Procedure to be adopted. 
G 
Code of Criminal Procedure, 1973-Section 235(2)-conviction and 
death sentence pronounced on same day-Legality of. 
The Prosecution case was that on the orders of the then Prime 
Mini!!ter, the then Chief of the Armed Forces, General Vaidya, was as· 
H signed the task of flushing out militants who had taken refuge in the 
480 
-
STATE v. SUKHDEO SINGH 
481 
Golden Temple. Some militants were killed and a part of the Golden A 
Temple was damaged in the Blue Star Operation. 
The militants vowed to avenge the deaths of their colleagues and to 
punish those who were responsible for the descreation of the Golden 
Temple. The then Prime Minister was assassinated on 31.10.1984. 
General Vaidya after his retirement o~ 31.1.1986 decided to settle 
down with his wife in Pone. As their Bungalow was under construction, 
they shared the bungalow occupied by another Major General in Pune. 
B 
On 26.5.1986, when General Vaidya and his wife shifted to their new C 
bungalow, they were provided only the service's of only one armed Head 
<::onstable for security duty. 
On 10.8.1986, at about 10 a.m., General Vaidya with his wife went for 
_ shopping accompanied with the securityman. General Vaidya was driving 
the Car with his wife sitting i_!l the front seat to his left and the securityman D 
sitting in the near seat just behind her. After shopping, at about 11.30 a.m., 
while they were returning to their residence via Rajendrasinghji Road, 
General Vaidya, slowed down to negotiate a turn to the right at the square 
in front of his residence, at the intersection of Rajendrasinghji and Ab· 
himanyu Roads. At that point of time, a red Ind-Suzuki motor cycle -eame E 
parallel to the car on the side of General Vaidya and the person occupying 
the pillion seat of the motor cycle fired three shots from close range at the 
head of the deceased. Before his wife and securityman co~ld realise what 
had happened, General Vaidya slumped on his wife's shoulder. The motor 
cyclists drove away and could not be located. As General Vaidya lost 
control over the car, it surged towarCis a cyclist. The cycle came under the 
car, and the car stopped at a short distance in front of a compound wall. 
The cyclist escaped by jumping off the cycle. The injured General Vaidya 
was carried to the Command Hospital in a passing by green matador van, 
which was fetched by the securityman. In the Hospital General Vaidya was 
declared dead. 
F 
G 
The securityman immediately informed the L.I.B. Office about the 
incident and at the place of the incident the securityman's formal com· 
plaint was recorded by a Police Inspector, and the investigation was 
commenced. A Panchnama of the scene of occurrence was drawn up by the 
Inspector in the presence of witnesses and the empty cartridges and other H 
482 
SUPREME COURT REPORTS 
(1992) 3 S.C.R. 
A articles were recovered therefrom. 
B 
c 
On 7.9.1986, two persons riding a red Ind-Suzuki motor cycle collied 
with a truck. They were thrown oft' the motor cycle and sustained injuries. 
A bag contai
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