SURINDER SINGH versus STATE (UNION TERRITORY OF CHANDIGARH)

Citation: [2021] 10 S.C.R. 1061 · Decided: 26-11-2021 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Case Partly allowed

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Judgment (excerpt)

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   [2021] 10 S.C.R. 1061
1061
SURINDER SINGH
v.
STATE (UNION TERRITORY OF CHANDIGARH)
(Criminal Appeal No. 2373 of 2010)
NOVEMBER 26, 2021
[N. V. RAMANA, CJI, SURYA KANT
AND A. S. BOPANNA, JJ.]
Penal Code, 1860 – s.307 – Attempt to murder – Appellant-
Head Constable convicted u/s.307 and s.27 of Arms Act, sentenced
to rigorous imprisonment of 3 years for both the offences – On
appeal, held: Appellant was in an inebriated condition when he
entered residential office of the complainant – After consuming water,
he pulled out his pistol and aimed it at the complainant, whereafter
he directed PW-3 and PW-4 to get out of the room – CFSL Report
proves that the cartridge recovered from the office of the complainant
was fired from the service pistol recovered from the appellant –
Although, the prosecution failed to attribute any motive to the
appellant for yearning to kill the complainant, however, the absence
of motive alone cannot abjure the guilt of the appellant – Conviction
u/s.307 fully justified – However, illegal use of a licensed or
sanctioned weapon per se does not constitute an offense u/s.27,
Arms Act without proving the misdemeanour u/ss.5 or 7, Arms Act –
Conviction and sentence awarded to the appellant u/s.27, Arms Act
set aside – Further, the incident occurred in 1999 – In view of the
passage of a long time period coupled with appellant’s clean record,
before and after the incident, the sentence u/s.307 is reduced to the
period already undergone – Arms Act, 1959 – ss.5, 7, 27 – Arms
Amendment Act, 1988 – Constitution of India – Arts.14, 136.
Constitution of India – Art.136 – Powers under – Exercise
of, in criminal appeals – Discussed.
Penal Code, 1860 – s.307 – Ingredients – Held: The two
ingredients to be considered for constituting an offence u/s.307
are, first, intention or knowledge on the part of accused to cause
death of the victim and second, such intent or knowledge followed
by some overt actus rea in execution thereof, irrespective of whether
or not any injury is inflicted upon the victim.
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SUPREME COURT REPORTS
[2021] 10 S.C.R.
Criminal Law – Evidence – Motive – Charge u/s.307, IPC –
Absence of motive – When not fatal – Discussed – Penal Code,
1860 – s.307.
Arms Act, 1959 – ss. 5, 7, 27 – Pre & post amendment – Held:
Prior to amendment, s.27 penalized the use of any arms and
ammunitions for any ‘unlawful purpose’ – However, post amendment,
s.27 is strictly confined to violation of conditions mentioned either
u/ss.5 or 7 and the ‘unlawful purpose’ of using arms and
ammunitions is no longer an inseparable component of the
delinquency – Arms (Amendment) Act, 1988.
Sentence/Sentencing – Quantum of Sentence – Doctrine of
proportionality – Mitigation of Sentence – Discussed – Constitution
of India – Art.14.
Partly allowing the appeal, the Court
HELD: 1. Although there are spacious powers vested under
Article 136 of the Constitution, nevertheless, while imploring
such powers in a criminal appeal by special leave, this Court would
ordinarily abstain from entering into a fresh re-appraisement of
evidence and doubt the credibility of witnesses when there is a
concurrent finding of fact, save for certain exceptional
circumstances. [Para 17][1071-A-B]
2.1 For the purpose of constituting an offence under Section
307 IPC, there are two ingredients that a Court must consider,
first, whether there was any intention or knowledge on the part
of accused to cause death of the victim, and, second, such intent
or knowledge was followed by some overt actus rea in execution
thereof, irrespective of the consequential result as to whether or
not any injury is inflicted upon the victim. The Courts may deduce
such intent from the conduct of the accused and surrounding
circumstances of the offence, including the nature of weapon used
or the nature of injury, if any. The manner in which occurrence
took place may enlighten more than the prudential escape of a
victim. It is thus not necessary that a victim shall have to suffer
an injury dangerous to his life, for attracting Section 307 IPC.
[Para 20][1072-E-G]
2.2 ‘Motive’ is distinct from ‘object and means’ which
innervates or provokes an action. Unlike ‘intention’, ‘motive’ is
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not the yardstick of a crime. A lawful act with an ill motive would
not constitute an offence but it may not be true when an unlawful
act is committed with best of the motive. Whilst motive is infallibly
a crucial factor, and is a substantial aid

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