STATE OF RAJASTHAN versus BHANWAR SINGH

Citation: [2004] SUPP. 4 S.C.R. 409 · Decided: 14-09-2004 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Dismissed
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Judgment (excerpt)

ST A TE OF RAJAS THAN 
V. 
BHANWAR SINGH 
SEPTEMBER I 4, 2004 
[ARIJIT PASAYAT AND C.K. THAKKER, JJ.] 
Penal Code,} 860-Sections 302 and 323-Respondent accused of 
committing murder-Convicted by Trial Court-Conviction set aside by High 
Court-On appeal decision of High Court upheld-Probation of Offenders 
Act, 1958. 
Evidence: 
A 
B 
c 
Importance of ocular evidence over medical evidence-Medical evidence 
totally improbablises the ocular version-Credibility of prosecution case 
effected. 
D 
Respondent and five others faced trial for committing· homicidal 
death of the deceased. Respondent was convicted. On appeal by 
respondent, High Court found infirmities in the prosecution case and set 
aside the conviction. State has appealed from decision of High Court. 
E 
Dismissing the appeal, the Court 
HELD : That High Court has carefully analysed the factual position. 
Combined effect of the infirmities noticed by High Court are sufficient 
to show that the prosecution case has not been established. The presence 
of three eyewitnesses at the alleged spot of incident has been rightly 
considered doubtful in view of the categorical statement of the widow of 
deceased that she sent for these persons to go and find out the body of 
her husband. The unexplained delay of one day in lodging FIR casts 
serious doubt on the truthfulness of prosecution version. The mere delay 
in lodging the FIR may not prove fatal in all cases. But in the 
circumstances of the present case, certainly it is one of the factors which 
corrodes the credibility of the prosecution version. Finally, though ocular 
evidence has to be given importance over medical evidence, where medical 
evidence totally improbablises the ocular version, as in present case, 
that can be taken to be a factor to effect credibility of prosecution 
409 
F 
G 
H 
410 
SUPREME COURT REPORTS [2004] SUPP. 4 S.C.R. 
A 
version. The view taken by High Court is a possible view. The appeal 
being one against acquittal, this is not a fit case for any interference. 
(412-B, C, D, E] 
B 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 594 
of 1999. 
From the Judgment and Order dated 1.5.98 of the Rajasthan High Court 
in D.B. Cr!. A. No. 169 of 1995. 
Kumar Kartikay and Aruneshwar Gupta for the Appellant. 
C 
Ms. Sashi Kiran (AC.) (NP) for the Respondent. 
D 
E 
G 
The Judgment of the Court was delivered by 
ARIJIT PASAYAT, J. : The respondent Bhanwar Singh (hereinafter 
referred to as 'the accused') faced trial along with five others for allegedly 
committing homicidal death of one Kalu Singh (hereinafter referred to as 'the 
deceased'). The Trial Court found respondent-accused Bhanwar Singh guilty 
ofoffence punishable under Section 302 of the Indian Penal Code, 1860 (in 
short 'the IPC') and sentenced to imprisonment for life. Three other co-
accused persons, namely, Moti Singh, Shankar Singh and Bhanwar Singh 
were convicted in terms of Section 323 IPC and were given benefit of 
probation under the Probation of Offenders Act, 1958 (in short 'the Prob1tion 
of Offenders Act'). Two other co accused persons Guman Singh and Nathu 
Singh were acquitted. Bhanwar Singh questioned legality of his conviction 
by preferring an appeal before the High Court ofRajasthan. By the impugned 
judgment, a Division Bench of the said High Court found that prosecution 
has not been able to establish its accusations. 
State has questioned correctness of the said judgment in this appeal. 
Background facts in a nut shell are as follows : 
A written report was lodged by Guiab Singh, (PW-8) on 27.10.1992 at 
Udaipur around 7.00 P.M. which was sent to police station Panrawa on 
28. l 0.1992. According to the FIR, deceased had succumbed to the injuries 
on 27.10.1992 at about 5.00 A.M. The injuries were inflicted on 26.10.1992 
at about 4 P.M. On that day in the afternoon, accused Guman Singh and 
H 
Nathus Singh requested the deceased to go to see a cattle fare. Thanwar 
STATE v.BHANWARSINGH [PASAYAT, J.] 
411 
Singh, (PW-3) accompanied the deceased and Shambhu Singh, (PW-4) and 
Guiab Singh, (PW-8) followed them. When the deceased had reached Birothi, 
all the six accused persons surrounded him and attacked him with sword and 
lathis. Accused Bhanwar Singh was carrying a sword with which he inflicted 
injury on the head of the deceased by the sharp edge. The deceased fell down. 
PW3- tried to intervene but he also received injuries at the hands of Moti 
Singh. The deceased was taken to the hospital wher
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