STATE OF PUNJAB versus JAGIR SINGH AND ORS.

Citation: [1974] 1 S.C.R. 328 · Decided: 06-08-1973 · Supreme Court of India · Bench: HANS RAJ KHANNA · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

328 
STATE OF PUNJAB 
t. 
JAGIR SINGH AND ORS. 
August 6, 1973 
~H. R. KHANNA AND A. ALAG!RISWAMI JJ.] 
A 
Criminal practice and procedure-Appreciation of evidence and sentence. 
B 
The respondents were convicted of murder and sentenced to death. The 
High Court acquitted them in appeal. 
In appeal to this Court, setting aside the acquittal, 
HELD : ( 1) A criminal trial is not like a fairy tale :wherein one is free to 
give flight to one's imagination and phantasy. It concerns itself 
with 
the 
question as to whether the accused arraigned at the trial is guilty of the crime 
with which he is charged. Crime is an event i_n real life and is the product 
of interplay of different human emotions. 
In_ arriving at the conclusion about 
the guilt of the accused charged with the commission of a crime, the court 
has to judge the evidence by the yardstick of :Prcb:.bilities, its intrinsic worth 
and the animus of witnesses. 
Every case in the final analysis would have to 
depend upon its own facts. 
Although the benefit of every 
reasonable doubt 
should be given to the accused, the courts should not at the same time reject 
evidence which is ex facie trustworthy on grounds which are fanciful or in the 
nature, of conj~ctures. [337F-H] 
In the present case, the High Court has rejected the prosecution 
evidence 
which was ex facie of a convincing nature on grounds which partake of the 
nature of conjccture5 and 5ormise~. The view taken by the High Court is 
manifestly unreasonable and has resulted in miscarriage of justice. 
A perusal 
ctf the judgment of the High Court :shows that in 
acquitting 
the 
accused-
respondents, the High Court approached the entire matter in a spirit of distrust 
and suspicion of the various officers who dealt with the case. [337H-338B] 
c 
D 
(2) The High Court, while rejecting the prosecution evidellce, made un-
E 
warranted criticism couched in harsh languag? about the magistrate wtio receiv-
ed the copy of F.I.R., the doctor, the investigating 
officer and the 
Sessions 
Judge who tried the case. [337E-FJ 
(3) In view of the fact that more than two yea~ had elapsed ~ince the 
High Court acquitted the respondents, it would be more appropriate to sentence 
the accused to imprisonment for life instead of to the extreme penalty. 
[3388--C] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 7 of 
1972. 
Appeal by special Leave from the judgment and 
order 
dated 
25-2-1971 of the Punjab and Haryana High Court in Cr!. 
Appeal 
No. 1031/70. 
A. N. Mulla and R. N. Sachthey, for the appellant. 
Nuruddin Ahmed and R. L. Kohli, for the respondents. 
The Judgment of the Court was delivered by 
KHANNA, J. 
Nine accused Jagir Singh (27), Baljit Singh (36), 
Karam Singh (30), Amarjit Singh (38), Atma SiMh (27). Cfonqn 
Singh (22), Tarlok Singh (19), Joginder ·Singh (22) 
and 
Swarn 
Singh (23) were tried in the court of Sessions Judge Gurdasour in 
c'onnection with an occurrence which took place on Julv 8, 19~8 in 
village Longowal Khurd. 
In the c'mrse of that occurrence Labh Singh 
(35), Joginder Singh (30) and Lakha Singh (25) received fatal in-
F 
G 
II 
A 
B 
c 
D 
E 
F 
G 
H 
PUNJAB v. JAGIR SINGH (Khanna, J.) 
3 29 
1unes. 
Injuries were also received by Ajit Singh, 
Jar~ail Singh, 
Mohinder Singh and Harbans Singh FWs. 
Learned Sessmns Judge 
convicted Jagir Singh and Baljit Singh under section 302 Indian Penal 
Code on two counts for causmg the death of Joginder Singh and Lakha 
Singh deceased and sentenced them to death on each count. 
The said 
two accused were also convicted under section 302 read with section 
34 Indian Penal Code in connection with the murder of Labh Singh 
and wer~ sentenced to undergo imprisonment for Jife on that account. 
In addition to that, the aforesaid two accused were convicted under 
~ection 307 Indian Penal Code on four counts for the injuries caused 
to Mohinder Singh, Ajit Singh, Jarnail Singh and Harbans Singh PWs 
and were sentenced to undergo rigorous imprisonment for a period of 
three years on each count. 
Karam Singh accused was convicted under 
section 302 Indian Penal Code for causing the death of Labh Singh 
deceased and was sentenced to death. In connec ion with the death 
of Joginder Singh and Lakha Singh, Karam Singh was convicted unact 
section 302 read with section 34 Indian Penal Code on two counts and 
was sentenced to undergo imprisonment for life. 
Karam Singh was, 
ht addition, convicted under section 307 read with section 34 Indian 
Penal 

Excerpt shown. Read the full judgment & AI analysis in Lexace.