SUBA SINGH versus STATE OF PUNJAB

Citation: [1994] SUPP. 5 S.C.R. 386 · Decided: 09-11-1994 · Supreme Court of India · Bench: A.S. ANAND, M.K. MUKHERJEE

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
SUBA SINGH 
V. 
STATE OF PUNJAB 
NOVEMBER 9, 1994 
[DR. A.S. ANAND AND M.K. MUKHERJEE, JJ.] 
Terrorist Affected Areas (Special Courts) Act, 1984-Jndian Penal 
Code, 1860-S.14 /Section 302-Conviction u/s 302-Appeal-Death by 
firing with a pistol-Eye witnesses-No scope for mistaken identity-
Parties known to each other from before-FIR promptly lodged-Medical 
evidence corroborating evidence of eye witnesses-No doubt regarding 
place where incident took place-Conviction upheld 
This statutory appeal u/s 14 of the Terrorist Affected Areas 
(Special Courts) Act, 1984 is directed against the judgment and order 
rendered by the Special Court convicting the appellant u/s 362 IPC and 
sentencing him to undergo imprisonment for life. 
The appellant pleaded not guilty to the charge levelled against him 
and asserted that he was falsely implicated owing to enmity. 
To prove its case the prosecution relied primarily upon the ocular 
version of the incident as given out by PW3 and PWS. Both of them 
stated that the appellant had participated in the betrothal ceremony of 
· the brother of the deceased and thereafter consumed food and liquor.· 
They next stated that at or about 11 p.m., the deceased asked the · 
appellant to leave the place and appellant felt insulted thereby. To . 
avoid any untoward incident, the deceased and others took the 
appellant aside to escort him to his place of work in the village. After 
they had proceeded a little distance, the appellant again took the 
deceased to task tor insulting and humiliating him. He then brought out 
a pistol from the fold of his loin cloth, fired at the deceased hitting him 
on the abdomen and ran away. The deceased, while being taken to the 
hospital, succumbed to his injuries. 
During cross examination an attempt was made by appellant to 
prove that there was no light at the scene of occurrence so as to enable 
them to identify the miscreant. Relying upon the finding in the medical 
report that the stomach of the deceased was empty, it was argued that 
the case of the prosecution that after the betrothal ceremony food and 
386 
SUBA SINGH v. ST ATE OF PB. 
J.87 
liquor were served stood completely belied. In his defence that he did A 
not participate in the betrothal ceremony, the appellant examined DWI 
who stated that while he had participated in that ceremony the 
appellant did not. He further stated that after the ceremony was over 
by 5 p.m. he and all other guests left. 
Dismissing the appeal, this Court· 
B 
HELD : 1.1. Through the site plan prepared by the Investigating 
Officer and exhibited during the trial, the prosecution established that 
there was an electric post there. This apart, considering the sequence of 
events and the fact that the parties were known to each other from 
before, there could not be any scope for mistaken identity. Having C 
carefully gone through the evidence of PW3 and PW5 there is no 
reason whatsoever to disbelieve them, particularly when nothing could 
be elicited in cross examination to discredit them. The evidence of PW3 
finds ample corroboration from the FIR which was promptly lodged 
. within three hours of the incident and contains the substratum of the D 
prosecution case. (389-E-F) 
1.2. The next corroboration of their evidence is furnished by the 
medical evidence of PWl who conducted autopsy on the body of the 
deceased. According ·to PWI the death was due to shock and 
haemorrhage caused by the injuries and that the injuries were E 
sufficient in the ordinary course of nature to cause. death. The 
investigating officer seized some earth from the spot and sent the same 
to the Chemical Examiner for examination. The report of Asstt. 
Chemical Examiner indicates that blood was found thereupon and it 
was reported that the same was stained with human blood. The above 
reports also to some extent corroborate the evidence of the two eye F 
witnesses regarding the place where the incident had taken place. 
. 
(390-C-D) 
1.3. Regarding the contention that the stomach of the deceased was 
empty, there is no substance in this in absence of any question put to 
either PW3 or PW5 as to whether the deceased had consumed food or G 
drink. The Court also lost sight of the fact that since the betrothal was 
of his own brother, the deceased as the host was expected to wait for his 
dinner and drink till the guests had left. In any view of the matter, the 
mere absence of drink or food in the deceased's stomach cannot

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