21 March 1952
Supreme Court
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LACHMAN SINGH AND OTHERS Vs THE STATE

Case number: Appeal (crl.) 22 of 1950


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PETITIONER: LACHMAN SINGH AND OTHERS

       Vs.

RESPONDENT: THE STATE

DATE OF JUDGMENT: 21/03/1952

BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID BOSE, VIVIAN

CITATION:  1952 AIR  167            1952 SCR  839  CITATOR INFO :  RF         1954 SC 204  (5)  D          1956 SC 116  (49,63)  R          1956 SC 546  (5)  R          1962 SC1116  (10)  C          1965 SC 328  (8,9)  R          1988 SC1353  (16)  F          1990 SC1982  (3)

ACT:     Evidence Act (1 of 1872), sec. 27--Statements of several accused leading  to discoveries--Admissibility--Necessity of proof  as to which statement was made first--Scope  of  sec. 27.

HEADNOTE:     Three  persons  K, M and S, who were accused  of  murder made statements to the police which disclosed that the  dead bodies after being dismembered were thrown into a stream and the  police party thereafter went with the three accused  to the  stream  where each of them pointed out  a  place  where different 109 840 parts of the dead bodies were discovered.  It was  contended on  behalf of the accused that it was only  the  information which  was first given that was admissible under sec. 27  of the  Evidence Act, that once a fact has been  discovered  in consequence  of  information received from a person  accused of  an  offence, it cannot be said to  be  re-discovered  in consequence  of  information received from  another  accused person, and that in the absence of evidence to show which of the  accused  first  gave the  information  the  discoveries alleged cannot be proved against any of the accused persons: Held, that, even assuming that this argument was correct, as it  appeared  from the evidence that S led the police  to  a particular  spot  on the stream and it was at  his  instance that  some  blood stained earth was recovered from  a  place outside the village and he had also pointed out the trunk of one  of  the dead bodies, and the High Court  was  satisfied that there was an "initial pointing out" by S, the case  was covered  by the rule and the evidence as to the  discoveries was admissible.

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  With  regard to the rule applicable to cases where  there is  clear and unimpeachable evidence as to  independent  and authentic statements of the nature referred to in sec. 27 of the Evidence Act having been made by several accused persons either  simultaneously  or otherwise, some  of  the  decided cases have gone further than is warranted by the language of sec. 27 of the Evidence Act and may have to be reviewed on a future occasion.

JUDGMENT:     CRIMINAL   APPELLATE  JURISDICTION: Criminal Appeal  No. 22  of 1950. Appeal from the judgment and order  dated  29th June, 1950, of the High Court of Judicature at Simla (Weston C.J.  and  Khosla  J.) in Criminal Appeal No.  432  of  1949 arising  out  of a judgment dated 5th August, 1949,  of  the Court  of the Additional Sessions Judge, Amritsar,  in  Ses- sions Trial No. 7 of 1949 and Case’ No. 8 of 1949.     Jai  Gopal Sethi (R. L. Kohli, with him) for the  appel- lants. Gopal Singh for the State.     1952. March 21.  The Judgment of the Court was delivered by     FAZL  ALl  J. --The three appellants were tried  by  the Additional  Sessions Judge at Amritsar and  found guilty  of having  murdered two persons named Darshan Singh and  Achhar Singh  and sentenced to transportation for life.   The  High Court of Punjab upheld their    841 conviction and sentence and granted them a certificate under article 134(1)(c)of the Constitution that the case is a  fit one for appeal to this Court.  Hence this appeal.     The facts of the case may be briefly stated as  follows. On  the  evening  of 16th December, 1948,  a  little  before sunset,  Achhar Singh, one of the murdered persons, went  to the  house of one Inder Singh in village Dalam  for  getting paddy  husked.  Achhar Singh’s brother, Darshan  Singh,  who was  working  as a driver at Amritsar, came  to  Dalam  from Amritsar  the same evening, and, on coming to know from  his father that Achhar Singh had gone to Inder Singh’s house, he also  went  there.  while the two  brothers  were  returning home, they were attacked by the three appellants and two  of their relatives in a lane adjoining Inder Singh’s house. The five  assailants,  who were armed with deadly  weapons,  in- flicted a number of injuries on the two victims, as a result of  which  they died then and there. After the  murder,  the appellants and their companions tied the two dead bodies  in two  kheses (wrappers) and took them to  village  Saleempura where two other persons, named Ajaib Singh and Banta  Singh, joined  them,  and the dead bodies after  being  dismembered were thrown into a stream known as Sakinala at a place about five  miles  from village Dalam. Bela Singh, father  of  the deceased  persons, who was one of the persons who claims  to have witnessed the occurrence, did not leave the village  at night  on  account of fear, but he started about  two  hours before  sunrise  on the next morning and  lodged  the  first information report at 10 A.M. at the nearest police station. A  police  officer arrived in village Dalam  shortly  after- wards, and after investigation a charge-sheet was  submitted against  seven persons including the present appellants.  At the  trial, five of the accused were charged  with  offences under  section 302 read with section 149 and  under  section 201 read with section 149 of the Indian Penal Code. and  the remaining  two accused were charged with the  offence  under

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section 201 read with section 149 of that Code. The  learned Judge who tried 842 the accused, convicted the appellants and two other  persons under  section 302 read with section 149 of the  Penal  Code and sentenced them to transportation for life, and convicted Ajaib  Singh  under section 201 read with  section  149  and sentenced him to three years’ R.I. Bantu Singh, accused, was acquitted.  On  appeal,  the Punjab High  Court  upheld  the conviction  of  the  present appellants  and  acquitted  the remaining three persons.     Before  proceeding to discuss the evidence in the  case, it is necessary to refer to what has been. described as  the motive for the murder. It appears that in June, 1947,  Natha Singh,  father  of the third appellant,  Swaran  Singh,  was murdered,  and Darshan Singh and Achhar Singh, the two  mur- dered persons in the case before us, and their third  broth- er,  Sulakhan  Singh, were charged with the murder  of  that person.  As a result of the trial, Darshan Singh was acquit- ted  and  Achhar Singh was sentenced to  11/2  years’  R.I., while  Sulakhan  Singh was sentenced to 7 years’  R.I.   The judgment  of the Sessions Judge in that case  was  delivered shortly before the date of the present occurrence, and it is common ground that Achhar Singh had been released on bail by the  appellate  court and was at large at that time.  It  is said that the appellants and their relatives felt  aggrieved by the acquittal of Darshan Singh and by the light  sentence passed on Achhar Singh, and therefore committed this  murder in  a  spirit of frustration and revenge.  It  was  conceded before us by the learned counsel for the appellants that the facts  stated  above  constituted a strong  motive  for  the murder,  but  he  also contended that  they  constituted  an equally  strong  motive  for the  appellants  being  falsely implicated in case the murder was committed, as was suggest- ed by him, in circumstances under which the murderers  could not be seen or identified. It therefore becomes necessary to set  out the evidence adduced by the prosecution in  support of the murder.     The evidence led by the prosecution may be divided under two main heads :--(1) Direct evidence, and(2) Circumstantial evidence. The direct evidence consists 843 of the testimony of four eye-witnesses, namely, Bela  Singh, father of the deceased, who claims to have gone to the scene of occurrence on hearing an outcry and to have witnessed the murderous  assault  on his sons; Inder Singh and  his  wife, Mst. Taro, to whom the murdered persons had gone for getting paddy  husked  and who lived in a house adjoining  the  lane where the murder took place; and Gurcharan Singh, a resident of  a different village, who states that he saw  the  occur- rence when he was going towards village Dhadar on a cycle.      The  circumstantial evidence in the case, on which  the High Court has relied, may be briefly summarised as  follows :--      (1) The second appellant, Massa Singh, who was arrested on  the  18th December, 1948, was wearing a  pyjama  stained with human blood.     (2) The third appellant, Swaran Singh, who was  arrested on  the  18th December, 1948, took the police  on  the  19th December to his haveli which was locked, and, on opening  it two  kheses (wrappers) which were  stained with human  blood were recovered.     (3) Swaran Singh pointed out a spot on the way to  Saki- nala, where the two dead bodies were placed for a short time while  they  were being taken to Sakinala,  and  the  police

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scrapped blood-stained earth from that spot. He also led the police to the bank of Sakinala and pointed out the trunk  of the body of Darshan Singh which was lying in the nala.     (4) Lachhman Singh, who was arrested on the 28th  Decem- ber,  1948,  pointed out a dilapidated khola  near  Sakinala where  3  spears, one kirpan and a datar, all  stained  with human blood, were recovered.     The  learned  Sessions Judge, who  heard  the  evidence, seems  to  have been impressed by the evidence of  the  eye- witnesses,  and  he has summed up his  conclusion  in  these words :--     "This  evidence was so consistent, so reliable,  and  of such nature that in my opinion it is definitely  established that the five accused Lachhman Singh, Katha 844 Singh,  Massa,  Singh,  Charan Singh and  Swaran  Singh  are proved  to  have actually murdered both  Darshan  Singh  and Achhar  Singh.  This fact is further proved from  subsequent events  as deposed by P.W. 8 Bahadur Singh and P.W.  9  Gian Singh  and P.W. 11 Bhagwan Singh. These witnesses  had  wit- nessed  the various recoveries in this case which were  made at the instance of all the accused."     The  learned Judges of the High Court, though  they  re- pelled most of the criticisms levelled against the  witness- es,  ultimately  came  to the conclusion that  "in  all  the circumstances  (of the case) it would be proper not to  rely upon the oral evidence implicating particular accused unless there  is  some  circumstantial  evidence  to  support  it". Having  laid down  this standard, they examined the  circum- stantial  evidence against each of the accused  persons  and upheld the conviction of the three appellants on the  ground that  the  circumstantial evidence, to which  reference  has been  made,  was sufficient corroboration of the  oral  evi- dence.     The case of the appellants was argued at great length by Mr. Sethi, who appeared for them, and everything that  could possibly be said in their favour was urged by him with great force and clarity. Proceeding, however, upon the  principles laid  down  by  this court, circumscribing the  scope  of  a criminal appeal after the case has been sifted by the  trial court  and the High Court, it seems to us that the  question involved  in the present appeal is a short and  simple  one. According to our reading of the judgment of the High  Court, the learned Judges, who dealt with the case, did not condemn the oral evidence outright, but, as a matter of prudence and caution,  they  decided  not to convict  an  accused  person unless there were some circumstances to lend support to  the evidence  of  the eye-witnesses with regard to  him.  It  is quite  clear on reading the judgment that the  corroboration which the learned judges  required  to  satisfy   themselves was not that kind of corroboration which one requires in the case of the evidence of an approver or an accomplice,   845 but  corroboration  by some circumstances which  would  lend assurance to the evidence before them and satisfy them  that the particular accused persons were really concerned in  the murder  of the deceased. Judged by this standard,  which  it was open to them to prescribe, it seems to us that the  case of each of the appellants clearly fell within the rule which they had laid down for their own guidance.     The  comment of the learned counsel for  the  appellants with regard to the blood-stained pyjama which was  recovered from  Massa Singh was, firstly, that it was not possible  to gather from the evidence the extent of the blood stains, and secondly  that it would be highly improbable that  this  ac-

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cused  person would be so reckless as to continue to wear  a blood  stained  pyjama after having perpetrated  the  crime. This criticism has been considered by the courts below,  and it does not appear to us to be of such a nature as to affect the  conclusion arrived at by them.  As to the  recovery  of blood-stained weapons at the instance of Lachhman Singh,  it was  urged  that  the entire evidence with  regard  to  this recovery should be discarded, as the police investigation in the case was not a straightforward one but was conducted  in such a way as to raise suspicion that the police were delib- erately  trying to create some evidence of recovery  against each of the accused persons. It is sufficient to say that it is  not the function of this court to reassess evidence  and an  argument on a point of fact which did not  prevail  with the courts below cannot avail the appellants in this  court. The comment against the discoveries made at the instance  of Swaran  Singh was that they are not admissible  in  evidence under   section  27  of  the  Indian  Evidence  Act,   which provides--     "When  any  fact is deposed to as discovered  in  conse- quence  of information received from a person accused of  an offence in the custody of a police officer, so much of  such information, whether it amounts to a confession or not,  as’ relates distinctly to the fact there. by discovered, may  be proved," 846     The main facts which it is necessary to state to  under- stand  the argument on this point, may be summed up as  fol- lows :-     According to  the  prosecution,  all  the three accused, namely,  Katba  Singh, Massa Singh and  Swaran  Singh,  were interrogated by the police on the morning of the 19th Decem- ber, 1948, and they made  certain  statements   which   were duly  recorded by the police.  In these statements,  it  was disclosed that the dead bodies were thrown in the  Sakinala. Thereafter, the police party with the three accused went  to Sakinala  where each of them pointed out a place where  dif- ferent parts of the dead bodies were discovered.     The learned counsel for the appellants cited a number of rulings in which section 27 has been construed to mean  that it  is  only the information which is first  given  that  is admissible  and  once a fact has been discovered  in  conse- quence  of information received from a person accused of  an offence,  it  cannot be said to be re-discovered  in  conse- quence of information received from another accused  person. It  was  urged before us that the prosecution was  bound  to adduce  evidence to prove as to which of the  three  accused gave the information first.  The head constable, who record- ed the statements of the three accused has not stated  which of  them  gave  the information first to  him,  but  Bahadur Singh, one of the witnesses who attested the recovery memos, was  specifically  asked in cross-examination about  it  and stated: "I cannot say from whom information was got  first". In the circumstances, it was contended that since it  cannot be ascertained which of the accused first gave the  informa- tion, the alleged discoveries  cannot be proved against  any of the accused persons.  It seems to us that if the evidence adduced by the prosecution is found to be open to  suspicion and it appears that the police have deliberately  attributed similar confessional statements relating to facts discovered to  different accused persons, in order to  create  evidence against  all  of them, the case Undoubtedly demands  a  most cautious approach.      847 But  as to what should be the rule when there is  clear  and

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unimpeachable  evidence  as to  independent  and   authentic statements  of the nature referred to in section 27  of  the Evidence  Act, having been made by several accused  persons, either simultaneously or otherwise, all that we wish to  say is that as at present advised we are inclined to think  that some of the eases relied upon by the learned counsel for the appellants  have perhaps gone farther than is  warranted  by the language of section 27, and it may be that on a suitable occasion in future those cases may have to be reviewed.  For the  purpose  of this appeal, however, it is  sufficient  to state that even if the argument put forward on behalf of the appellants.  which  apparently found favour  with  the  High Court,  is correct, the discoveries made at the instance  of Swaran Singh cannot be ruled out of consideration.   It  may be  that  several  of the accused gave  information  to  the police  that  the  dead bodies could be  recovered  in   the Sakinala, which is a stream running over several miles,  but such an indefinite information could not lead to any discov- ery  unless  the accused followed it up  by  conducting  the police to the actual spot where parts of the two bodies were recovered.  From the evidence of the head constable as  well as  that  of Bahadur Singh,  it is quite clear  that  Swaran Singh  led the police via Salimpura to a particular spot  on Sakinala,  and  it was at his  instance  that  blood-stained earth was recovered from a place outside the village, and he also  pointed  out the trunk of the body of  Darshan  Singh. The  learned  judges of the High Court  were  satisfied,  as appears  from  their  judgment, that his  was  "the  initial pointing out" and therefore the case was covered even by the rule which, according to the counsel for the appellants,  is the rule to be applied in the present case.     The learned counsel for the appellants pointed out  that the doctor who performed the post-mortem examination of  the corpses, found partially digested rice in the stomach of the two deceased persons, and he 110 848 urged  that  from  this  it  would  be  inferred  that   the occurrence  must have taken place sometime at  night   after the deceased persons had taken their evening meals together. This argument again raises a question of fact which the High Court has not omitted to consider. It may however be  stated that  a  reference to books on medical  jurisprudence  shows that  there are many factors affecting one’s digestion,  and cases  were  cited  before us in which rice  was  not  fully digested even though considerable time had elapsed since the last  meal was taken.  There are also no data before  us  to show when the two deceased persons took their last meal, and what  article of food, if any, was taken by them along  with rice.  The finding of the doctor therefore does  not  neces- sarily affect the prosecution case as to the time of  occur- rence.     It  was also contended that there being no charge  under section  302 read with section 34 of the Indian Penal  Code, the conviction of the appellants under section 302 read with section 149 could not have been altered by the High Court to one under section 302 read with section 34, upon the acquit- tal of the remaining accused persons. The facts of the  case are  however such  that the accused could have been  charged alternatively,  either under section 302 read  with  section 149 or under section 302 read with section 34. The point has therefore no force.     In our opinion, there is no ground for interfering  with the judgment of the courts below, and we accordingly dismiss this  appeal and uphold the conviction and sentence  of  the

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appellants.  We however wish to endorse the opinion  of  the High Court that having regard to the gruesome nature of  the crime, the sentence imposed by the Additional Sessions Judge was  inappropriate and his reasons for imposing the  lighter penalty are wholly inadequate.  Appeal dismissed.  Agent for the appellant : R.N. Sachthey. Agent for the respondent: P.A. Mehta. 849