Supreme Court of India
KULVINDER SINGH & ANR.versusSTATE OF HARYANA
- Citation
- 2011 INSC 290
- Decided
- 11 April 2011
- Disposal
- Dismissed
- Bench
- P SATHASIVAM
Holding
The conviction under IPC s.302 read with s.34 stands as the chain of circumstantial evidence, motive, and extra‑judicial confession collectively prove the guilt of the accused beyond reasonable doubt.
Summary
Kulvinder Singh and Jasvinder Singh were convicted of murder under IPC s.302 read with s.34 for the killing of Amardeep. The prosecution relied on a chain of circumstantial evidence: a motive arising from a prior quarrel, the accused’s presence near the victim before the crime, witnesses hearing shrieks and seeing the accused fleeing, recovery of a blood‑stained barchha (weapon) at the accused’s direction, and an extra‑judicial confession made to the ex‑Sarpanch. The Supreme Court examined the admissibility of the extra‑judicial confession, the relevance of motive, and whether the circumstances formed a complete, exclusive chain pointing to the accused. It held that the evidence satisfied the legal requirements for conviction and found no fault with the findings of the trial and High Courts. Consequently, the appeal was dismissed and the life sentences upheld.
Issues considered
- The admissibility and reliability of an extra‑judicial confession made to an independent witness.
- Whether motive is a necessary element for conviction on circumstantial evidence.
- Whether the chain of circumstantial evidence, despite the absence of a "last seen" link, is complete and exclusive to the accused.
- Whether the injuries caused by a single weapon affect the participation of both accused under IPC s.34.
- Whether the recovery of the weapon and other forensic evidence substantiate the accused’s guilt.
Legislation cited
- Code of Criminal Procedure, 1973s. 161, s. 313
- Indian Penal Code, 1860s. 302, s. 34
Subjects
murdercircumstantial evidenceextra‑judicial confessionmotivechain of circumstancesIPC 302IPC 34life imprisonment
Judgment
• [2011] 4 S.C.R. 817
KULVINDER SINGH & ANR. A
v.
STATE OF HARYANA
(Criminal Appeal Nos. 916 of 2005)
APRIL 11, 2011
B
[P SATHASIVAM AND DR. B.S. CHAUHAN, JJ.]
PENAL CODE 1960:
s. 302134 - Murder - Circumstantial evidence - c
Conviction and sentence of imprisonment for life awarded by
trial court - Affirmed by High Court - HELD: In the facts and
circumstances of the case, motive proved distinctly - Further,
recovery of weapon at the. instance of the accused, the
medical report, both the accused seen at the place of incident 0
immediately before the incident and the victim reaching there
shortly thereafter, accused seen running from the place of
occurrence, extra-judicial confession by the accused, all
complete the chain of circumstances pointing out to the guilt
of the accused - There is no cogent reason to interfere with
the finding recorded by the two courts below - Criminal law - E
Motive - Evidence - Circumstantial evidence - Prosecution
case close to the circumstances of the accused and the
deceased being last seen together- Extra-judicial confession.
The appellants (A-1 and A-2) were prosecuted for F
causing the death of one 'AD', the son of PW-2. The
prosecution case was that when at about 7 P .M. on
9.10.1997, PW-2 was going to his fields in order to keep
watch on the crop and relieve his son 'AD', on the way
he saw the two appellants at the tubewell of one 'SR'. PW- G
2 after reaching his fields, relieved his son. On the
following morning at about 6. A.M., dead body of 'AD' was
found lying near the paddy field. PW-11, went to lodge the
FIR. Sub-Inspector of Police (PW-14) conducted the
817 H
818 SUPREME COURT REPORTS (2011] 4 S.C.R.
A investigation. PW-2, told him that about 8-10 days before
he saw A-2 grappling with his son, 'AD' and when asked
A-2 disclosed that 'AD' was teasing his sister and wife.
On 13.10.1997 PW-10 produced the accused before PW-
14 and told him that they made extra-judicial confession
B before him about killing of 'AD'. The trial court convicted
the accused u/s 302 IPC and sentenced them to
imprisonment for life. Their appeals were dismissed by
the High Court. Aggrieved, the accused filed the appeal.
Dismissing the appeal, the Court
c
HELD: 1.1 The courts below have examined the
entire evidence on record and reached the conclusion
that chain of circumstances stood completed and all the
circumstances pointed towards the guilt of the accused.
D Such findings stand fully substantiated by the
depositions of the witnesses in the court. [para 6] [828-
C-D]
1.2 PW.2, the father of deceased deposed that about
E 8-10 days prior to the incident while he was returning
home with his son, he saw A-2 playing Kabaddi with his
son 'AD' and suddenly they started quarreling with each
other and on being asked A-2 told him that 'AD' was
teasing his sister and wife though the latter protested and
F told him that he was telling a lie. The statement of PW.2
in respect' of motive also gets corroborated by the
statement of PW.13, an independent witness to the extent
that a month prior to the murder, A-2 made a complaint
to 2-3 persons about 'AD' teasing his sister. The
statement of PW.13 has been scrutinised by both the
G courts below and had been found trustworthy. Thus, it
stood established that A-2 has been harbouring in his
mind the suspicion that deceased was teasing his sister
and wife. If the finding recorded by the courts below on
the issue of motive is examined in the light of the law laid
H
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 819
down by this Court, no fault can be found with the A
same.[Para 6 and 8). [828-E-H; 829~A-B; E-F]
State of Uttar Pradesh v. Kishanpal & Ors., 2008 (11 )
SCR 1048 = (2008) 16 SCC 73, Pannayar v. State of Tamil
Nadu by Inspector of Police, 2009 (13 ) SCR 367=(2009) 9
8
SCC 152; Babu v. State of Kera/a, 2010(9) SCR 239=(2010)
9 SCC 189; and Bipin Kumar Monda/ v. State of West Bengal,
2010(8) SCR 1036=AIR 2010 SC 3638 • relied on.
1.3 The offence was committed in the evening of
9.10.1997 and in respect of the same, an FIR was lodged C
on 10.10.1997 and the extra-judicial confession has been
made on 13.10.1997. Thus, for three days, the appellants
remained wanted in the case. [para 6) [828-D-E]
1.4 On the issue of extra-judicial confession, PW.10 o
has deposed that he was the Ex-Sarpanch and both the
accused approached him on 13.10.1997 and disclosed
that they had committed the murder of 'AD' and he
should take them to the police. PW.10 in his statement
recorded u/s 161 Cr.P.C. has stated that the accused had E
told him on 13.10.1997 that due to the fear of police they
were running from pillar to post; that he had a good
understanding with the police being the Ex-Sarpanch
and, thus, he should help and produce them before the
police. Undoubtedly, both the accused had been arrested F
by the police only on 13.10.1997. The accused have not
challenged the deposition of PW.10 that he produced
them before the police. PW.10 faced the gruelling cross-
examination but defence could not elucidate anything to
discredit him and the courts below have found that the
· deposition of PW .10 in respect of the extra-judicial G
confession made to him by the accused remained a
trustworthy piece of evidence. PW-10 is an independent
witness and by no means could be held to be biased or
inimical to the accused. There is no reason not to accept
his deposition in respect of the extra-judicial confession H
820 SUPREME COURT REPORTS [2011] 4 S.C.R.
•
A made by the appellants as his deposition stands the test
of credibility. [Para 9 and 11]. [829-F-H; 830-A-C; 831-C-
D]
State of Rajasthan v. Raja Ram, 2003(2) Suppl. SCR
8 445=(2003) 8 sec 180, relied on.
1.5 Not a single witness has deposed that the
accused were last seen with the deceased. However,
the courts below have found that the prosecution case
has been very close to the circumstances of the accused
C and deceased being last seen together. PW.2 has
deposed that the tubewell of 'SR' is on the passage
connecting his fields with the abadi of the village, where
he saw both the appellants at about 7.00 p.m. Immediately
thereafter, his son, 'AD' started for the village between
D 7.30 and 7.45 p.m. PW.3 who heard the cries from the·
place of occurrence, saw the appellants running towards
the village. The trial court has examined the statement of
PW.3 minutely and rejected the defence version that in
such a circumstance it was unnatural on the part of this
E witness not to go to the source of shrieks, giving
explanation that after hearing the shrieks he stopped on
his way to the village and immediately thereafter he saw
both the accused running fast and crossing him. On
being stopped and asked by PW.3, the accused told him
F that they were running without any specific purpose.
Immediately thereafter, he could not hear any cry.
Therefore, he did not inspect the place from where the
cries seem to be coming. The trial court has given cogent
reasons for beliving PW-3 while observing that he was
G an independent witness and only 1.1 /2 killa away from the
tubewell of 'SR' wherefrom he heard the cries. He did not
go to the place wherefrom the shrieks had been coming,
assuming that the same had been made by the accused
and such course could not be unnatural. There is no
cogent reason to interfere with such a finding of fact.
H [Para 12 and 14] [831-F-H; 832-A-C, F-G]
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 821
1.6 The trial court reached the conclusion that A
though it was not a case where the accused had been
last seen together w.ith the deceased, however, in a case
when the accused had the opportunity to commit the
crime and they had the motive on their part to do so, such
a circumstance can also be taken note of. [Para 12] [832- B
8-C]
State of UP. v. Satish, 2005(2) SCR 1132=(2005) 3 SCC
114, Mohd. Azad alias Samin v. State of West Bengal,
2008(15) SCR 468=(2008) 15 SCC 449 - referred to.
c
1.7 The 'barchha' used as a weapon in the crime had
been recovered from the sugarcane field at the instance
of A-2. It had blood stains on it and had been thrown at
a place where it was not visible. It is a circumstance which
can safely be relied upon for the conviction of the D
appellants-accu~ed. [Para 15] [832-G-H; 833-A-B]
2.1 It is a settled legal proposition that conviction of
a person in ~n offence is generally based solely on
evidence that is either oral or documentary, but in E
~xceptional circumstances conviction may also be based
soleiy on circumstantial evidence. The prosecution has
to establish its case beyond reasonable doubt and
cannot derive any strength from the weakness of the
defence put up by the accused. However, a false
F
defence may be called into aid only to lend assurance to
the court where various links in the · ch~in of
circumstantial evidence are in themselves complete. The
circumstances from which the conclusion of guilt is to be
drawn should be fully established. The same should be
of a conclusive nature and exclude all possible G
hypothesis except the one to be proved. Facts so
established must be consistent with the hypothesis of the
guilt of the accused and the chain of evidence must be
so complete as not to leave any reasonable ground for a
conclusion consistent with the innocence of the accused H
822 SUPREME COURT REPORTS [2011) 4 S.C.R.
•
A and must show that in all human probability the act must
have been done by the accused. [Para 16) [833-D-G]
Sharad Birdhichand Sarda v. State of Maharashtra, 1985
(1) SCR 88 = AIR 1984 SC 1622; and Paramjeet Singh @
8 Pamma v. State of Uttarakhand, 2010 (11) SCR 1064 =AIR
2011 SC 200 - relied on.
2.2 In a case like this, where all circumstances stand
proved against the appellants, their defence may be
examined to test the circumstances stood proved against
C them. A-1 is a resident of another district. He did not take
the plea of alibi, nor did he lead any evidence to support
the hypothesis that he was not present at the place of
occurrence on the date of incident. His only plea has
been that he had falsely been implicated without saying
D anything further. [Para 17] [833-H; 834-A-B]
2.3 The age of the accused at the time of occurrence
had been shown on the record as 19 and 2~ years
respectively and the deceased was 5 ft.10 inch t311 and
E 25 years of age. It is difficult to imagine that one person
could cause 22 injuries on such a well-built person unless
the other persons had caught hold of him. All the injuries
were found to be antemortem in nature and sufficient to
cause death in the ordinary course of nature. The injuries
F look as if received by a person whilst trying to save
himself. All the injuries found on the person of the
deceased are on front side of the body and not a single
injury has been found on the back. Such injury could not
have been caused unless somebody had caught hold of
the deceased from the back. It is a case of circumstantial
G evidence and in the facts and circumstances of the case
it cannot be said that as injuries were found to have been
caused by single weapon, involvement of A-1 was
doubtful. [Para 20-21) [835-A-B; 837-E-G]
H
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 823
Case Law Reference: A
2008 (11 ) SCR1048 relied on para 7
2009 (13 ) SCR 367 relied on para 7
2010(9) SCR 239 relied on para 7
8
2010(8) SCR 1036 relied on para 7
2003(2) Suppl. SCR 445 relied on para 10
2005(2) SCR 1132 referred to para 13
2008(15} SCR 468
c
referred to para 13
1985(1) SCR 88 relied on para 16
2010(11} SCR 1064 relied on para 16
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal D
No.916 of 2005.
From the Judgment & Order dated 31.08.2004 of the High
Court of Punjab & Hayrana at Chandigarh in Crl. Appeal No.
167-08 of 1999. E
S.P. Laler, Neeraj Mor, R.C. Kaushik for the Appellants.
Rajeev Gaur Naseem, Kamal Gupta, Satish Hooda for the
Respondent.
F
The Judgment of the Court was delivered by
DR. B.S. CHAUHAN, J. 1. This appeal has been
preferred against the judgment and order dated 31.8.2004
passed by the High Court of Punjab and Haryana at Chandigarh G
in Criminal Appeal No. 167-08 of 1999, by which it has
affirmed the judgment and order of the Trial Court in Sessions
Case No. 5 of 1998 dated 22.2.1999 convicting the appellants
for the offence punishable under Section 302 of Indian Penal
Code, 1860 (hereinafter referred to as 'IPC') and awarding the
H
824 SUPREME COURT REPORTS [2011) 4 S.C.R..
•
A sentence of life imprisonment and imposing a fine of Rs.2,000/
- each.
2. FACTS:
(A) That on 9.10.1997, some labourers were working in
B · the fields of lshwar Singh (PW.2) and his son Amardeep was
also with them. On that date at about 7.00 PM, lshwar Singh
(PW.2) started from his house for his fields in order to keep
watch on the crop, relieving Amardeep from the fields. On his
way, lshwar Singh (PW.2) saw Kulvinder Singh and Jasvinder
C Singh/appellants at the tubewell of Singh Ram. Kulvinder Singh
was sitting on a cot outside the tubewell while Jasvinder Singh
was inside the tubewell. On being asked by lshwar Singh
(PW.2), Kulvinder Singh replied that they were there in a routine
manner as it was the tubewell of Singh Ram, the f?ther of
D Jasvinder Singh. Kulvinder Singh is the son of the maternal
uncle of Jasvinder Singh. After reaching his fields, lshwar Singh
(PW.2) relieved his son Amardeep of his duties. The next
morning i.e., on 10.10.1997, at about 6.00 AM, the :-bourers
of Mange Ram, Sarpanch, (PW.11) of the same village came
E and told him that a dead body was lying near the paddy field
in the water channel. Mange Ram (PW.11) reached the spot
with his labourers. By that time several other villagers had also
collected there and they identified the dead body as being that
of Amardeep. They also found a large number of wounds
F caused by a sharp-edged weapon on the body. They
immediately called lshwar Singh (PW.2), father of the deceased
to the ... pot.
(B) Mange Ram (PW .11) then started for Police Station
Radaur to make the report, however, he met Roop Chand SI/
G SHO, Police Station Radaur (PW.14) on the way and informed
him that Amardeep had been murdered by some unknown
person by assaulting him with sharp edged weapons. Roop
Chand, SI, (PW.14) asked Mange Ram (PW.11) to go to the
Police Station to lodge the complaint formally. Thus, the FIR
H was lodged. Roop Chand, SI, (PW.14) reached the place of
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 825
[DR. B.S. CHAUHAN, J.]
occurrence and examined the dead body as well as the place A
where it was lying. He prepared the inquest report and sent the
dead body of Amardeep for postmortem examination. Roop
Chand, SI, (PW.14) also got the spot photographed, prepared
a rough site plan of the place of occurrence and recorded the
statements of the witnesses in which lshwar Singh (PW.2) told B
him that about 8 to 10 days before the date of occurrence, he
saw Jasvinder Singh/appellant grappling with his son
Amardeep while they were playing kabaddi. He intervened and
asked the reason for the same and Jasvinder Singh had
disclosed that Amardeep was teasing his sister and wife. c
lshwar Singh (PW.2) reprimanded his son Amardeep for the
alleged misconduct, however, Amardeep protested and told
him that the accusation was false. During the course of the
investigation, Roop Chand, SI, (PW.14) also came to know that
on 9.10.1997 at about 7.30 PM, Ranbir Singh (PW.3) had D
started for his fields and when he was by the side of bund of
the village, he heard shrieks from the place where the dead ·
body of Amardeep was found lying the next morning. He also
saw both the appellants running fast and they crossed him and
on being asked as to why they were running, they did not give
any reason but rather told him that they were running fast without E
any purpose. However, Ranbir Singh (PW.3) came to know only
next morning that Amardeep had been murdered.
(C) On 13.10.1997, Phool Singh (PW.10) produced the
accused before Roop Chand, SI (PW.14) and told him that they F
had made extra-judicial confession before him about the killing
of Amardeep, because the latter was teasing the wife and
sister of Jasvinder Singh. Both the appellants were arrested
and interrogateJ. On their disclosure, the clothes they had put
on at the time of occurrence, which had already been washed, G
were recovered. On disclosure of Jasvinder Singh-appellant,
the barchha used for committing the crime was recovered on
14.10.1997. After conducting the postmortem examination, Dr.
Vijay Mohan Atreja (PW.9) gave a report stating that there were
22 injuries on the person of Amardeep and the same could H
826 SUPREME COURT REPORTS [2011] 4 S.C.R.
•
A have been caused by a barchha. The barchha recovered on
the disclosure of the appellant-Jasvinder Singh had blood
stains on it at the time of recovery. Roop Chand, SI, (PW.14)
recovered the blood stained chappals and the blood stained
earth from the spot and sent all those items alongwith barchha
B and clothes to the Forensic Science Laboratory. After
completing the investigation, a chargesheet was submitted
against the appellants. The court after completing the formalities
committed the case to the Sessions Court vide order dated
20.1.1998. They were charged under Sections 302 read with
c 34 IPC vide order dated 20.2.1998 to which the appellants
pleaded not guilty and claimed trial.
(D) The prosecution examined 14 witnesses at the trial
including lshwar Singh, (PW.2); Ranbir Singh (PW.3}, who saw
the accused running fast and crossing him on the evening of
D 9.10.1997 and heard the shrieks from the place of occurrence;
Dr. Vijay Mohan Atreja (PW.9}, who conducted the postmortem
examination alongwith Dr. Ashwani Bhatnagar 011 the dead
body of Amardeep; Phool Singh, (PW.10) before whom the
extra-judicial confession was made by the appellants; Mange
E Ram, Sarpanch, (PW.11) complainant/informant in the case;
Mam Chand (PW.12), witness to the recovery of barchha on
the disclosure statement of the appellant Jasvinder Singh; and
Roop Chand (PW.14), the investigating officer. The reports of
the Serologist were tendered in evidence. On closure of the
F prosecution case, the Trial Court examined the appellants/
accused under Section 313 of Code of Criminal Procedure,
1973 (hereinafter called 'Cr.P.C.'). Both the accused denied
their participation and pleading that they had been falsely
implicated.
G
(E) After considering the entire evidence on record, the
Trial Court vide judgment and order dated 22.2.1999 convicted
both the appellants for the offence punishable under Section
302 IPC and awarded the sentence of life imprisonment and a
H ~ne of Rs.2,000/- each.
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 827
[DR. B.S. CHAUHAN, J.]
(F) Being aggrieved, the appellants preferred Criminal A
Appeal No. 167-DB of 1999 which has been dismissed by the
High Court vide judgment and order dated 31.8.2004. Hence,
this appeal.
3. Shri S.P. Laler, learned counsel appearing for the
8
appellants, submitted that it is a case of circumstantial
evidence; .that there was no motive for committing the murder
of Amardeep; that there had been material contradictions in the
evidence of the witnesses; the chain of circumstances could not
be completed; in the facts of the case the extra-judicial C
confession could not be relied upon by any means; the theory
of the deceased being last seen with the appellants cannot be
applied. Involvement of both the appellants in the commission
of the offence is doubtful as the injuries found on the person of
the deceased had been caused only by one weapon. The courts
below have erred in convicting the appellants and, therefore, D
the judgments and orders of the courts below are liable to be
set aside.
4. Shri Rajeev Gaur "Naseem", learned counsel appearing
for the respondent-State, has opposed the appeal contending E
that both the courts below have recorded concurrent findings
of fact after appreciating the entire evidence on record. Earlier
there had been a fight between Jasvinder Singh-appellant and
Amardeep- deceased. Jasvinder Singh-appellant had a grudge
against Amardeep, as Amardeep had teased his wife and
F
sister and this fact had come to the notice of lshwar Singh
(PW.2), father of the deceased. Thus, motive stood fully
established. Evidence of Phool Singh (PW.10) regarding the
extra-judicial confession is to be believed for the reason that
he was the Ex-Sarpanch of the village and the appellants/ G
accused had gone to him, so that he could produce them
before the police. In fact, the appellants/accused were produced
by Phool Singh (PW.10) before the police and they had
disclosed to him that they had murdered Amardeep. Appellants
were seen together with the deceased just before the
H
828 SUPREME COURT REPORTS [2011] 4 S.C.R.
A commission of the crime. Twenty two injuries were found on the
person of Amardeep-deceased, and even if they had been
caused by one weapon, it is not possible for a single person
to cause so many injuries, as the deceased was a young man
of 25 years and of 5 ft. 10 inch height, while the appellants were
B at that time 19 and 23 years of age respectively. Even if there
is any contradiction in the statements of the witnesses, it is so
trivial that it cannot be taken note of. The appeal lacks merit
and is liable to be dismissed.
5. We have considered the rival submissions made by the
C learned counsel for the parties and perused the record.
6. The courts below have examined the entire evidence on .·
record and reached the conclusion that chain of circumstances
stood completed and all the circumstances pointed towards the
0 guilt of the accused. Such findings stand fully substantiated by
the depositions of the witnesses in the court. The offence was
committed in the evening of 9.10.1997 and in respect of the
same, an FIR was lodged on 10.10.1997 and the extra-judicial
confession has been made on 13.10.1997. Thus, for three
E days, the appellants remained wanted in the case. lshwar Singh
(PW.2), the father of Amardeep-deceased deposed that about
8/10 days prior to the incident while he was returning home with
his son Kuldeep, he saw Jasvinder Singh, appellant/accused
playing Kabaddi with his son Amardeep-deceased and
suddenly they started quarrelling with each other and on being
F asked Jasvinder Singh-accused had told him that Amardeep-
deceased was teasing his sister and wife though Amardeep-
deceased protested and told him that he was telling a lie. The
statement of lshwar Singh (PW.2) in respect of motive also gets
corroborated by the statement of Saheb Singh (PW.13), an
G independent witness to the extent that a month prior to the
murder of Amardeep, Jasvinder Singh-accused made a
complaint to two-three persons about Amardeep-deceased
teasing his sister. The statement of Saheb Singh (PW.13) has
been scrutinised by both the courts below and had been found
H trustworthy on the ground that he did not depose anything about
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 829
[DR. B.S. CHAUHAN, J.]
the incident of quarrel between Jasvinder Singh-accused and A
Am.ardeep-deceasf7d while playing Kabaddi. Thus, the Trial
Court had found that he was fair and did not depose falsely.
Thus, it stood established that Jasvinder Singh-accused had
been harbouring in his mind the suspicion that Amardeep-
deceased was teasing his sister and wife. B
7. In State of Uttar Pradesh v. Kishanpal & Ors., (2008)
16 sec 73, this Court examined the issue of motive in a case
of circumstantial evidence and observed that motive is a thing
which is primarily known to the accused themselves and it is C
not possible for the prosecution to explain what actually
prompted or excited them to commit the particular crime and
thus, motive may be considered as a circumstance which is.
relevant for assessing the evidence and becomes an issue of
importance in a case of circumstantial evidence. Thus, absence
of motive in a case depending on circumstantial evidence is a D
factor that weighs in favour of the accused. (See also: Pannayar
v. State of Tamil Nadu by Inspector of Police, (2009) 9 SCC
152; Babu v. State of Kera/a, (2010) 9 SCC 189; and Bipin
Kumar Monda/ v. State of West Bengal, AIR 2010 SC 3638).
E
8. If the finding recorded by the courts below on the issue
of motive is examined in the light of the law laid down by this
Court in the above cases, no fault can be found with the same.
9. On the issue of extra-judicial confession, Phool Singh F
(PW.10) has deposed that he was the Ex-Sarpanch and both
the appellants/accused approached him on 13.10.1997 and
disclosed that they had committed the murder of Amardeep-
deceased and he should take them to the police. He deposed
that both. the accused came to him at about 1.00 p.m. and he G
produced them before the police at about 3.30/4.00 p.m.
Undoubtedly, both the appellants/accused had been arrested
by the police only on 13.10.1997, as it is not the defence version
that they had been arrested earlier to 13.10.1997, neither have
they challenged the deposition of Phool Singh (PW.10) that he
did not produce them before the police, nor it had been their. H
830 SUPREME COURT REPORTS [2011] 4 S.C.R.
A case that they had been arrested from somewhere else. Phool
Singh (PW.10) faced the gruelling cross-examination but
defence could not elucidate anything to discredit him and the
courts below have found that the deposition of Phool Singh
(PW .10) in respect of the extra-judicial confession made to him
B by the accused remained a trustworthy piece of evidence as
rightly been relied upon.
Phool Singh (PW.10) in his statement recorded under
Section 161 Cr.P.C. has stated that the appellants had told him
C on 13.10.1997 that due to the fear of police they were running
from the pillar to post. He had a good understanding with the
police being the Ex-Sarpanch and thus, he should help and
produce them before the police.
10. In State of Rajasthan v. Raja Ram, (2003) 8 SCC 180,
D this Court held as under:
"An extra-judicial confession, if voluntary and true and made
in a fit state of mind, can be relied upon by the court. The
confession will have to be proved like any other fact. The
value of the evidence as to confession, like any other
E
evidence, depends upon the veracity of the witness to
whom it has been made. The value of the evidence as to
the confession depends on the reliability of the witness who
gives the evidence. It is not open to any court to start with
a presumption that extra-judicial confession is a weak type
F of evidence. It would depend on the nature of the
circumstances, the time when the confession was made
and the credibility of the witnesses who speak to such a
confession. Such a confession can be relied upon and
conviction can be founded thereon if the evidence about
G the confession comes from the mouth of witnesses who
appear to be unbiased, not even remotely inimical to the
accused, and in respect of whom nothing is brought out
which may tend to indicate that he may have a motive of
attributing an untruthful statement to the accused, the words
H spoken to by the witness are clear, unambiguous and
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 831
[DR. B.S. CHAUHAN, J.]
unmistakably convey that the accused is the perpetrator A
of the crime and nothing is omitted by the witness which
may militate against it. After subjecting the evidence of the
witness to a rigorous test on the touchstone of credibility,
the extra-judicial confession can be accepted and can be
the basis of a conviction if it passes the test of credibility." B
11. After going through the evidence of Phool Singh
(PW.10), we reach the inescapable conclusion that Phool Singh
(PW.10) is an independent witness and by no means could be
held to be biased or inimical to the accused. There is nothing
on record to indicate that he had any motive to falsely implicate C
the accused or that there was any motive for attributing an
untruthful statement to the accused. He had made a crystal clear
statement conveying that the accused had disclosed to him that
they had committed the murder of Amardeep-deceased. Thus,
we do not find any reason not to accept his deposition in D
respect of the extra-judicial confession made by the appellants
as his deposition stands the test of credibility.
12. Not a single witness has deposed that the appellants/
accused were last seen with the deceased. However, the E
courts below have found that the prosecution case has been
very close to the circumstances of the appellants and deceased
being last seen together. lshwar Singh (PW.2) has deposed
that the tubewell of Singh Ram is on the passage connecting
his fields with the abadi of the village, where he saw both the F
appellants at about 7.00 p.m. Immediately thereafter, his son,
Amardeep started for the village between 7.30 and 7.45 p.m.
Ranbir Singh (PW.3) who heard the cries from the place of
occurrence and saw the appellants running towards the village
and the deceased was found to have an empty stomach at the G
time of occurrence as per the post mortem report had indicated
that Amardeep had been murdered before he could take his
evening meal. The Trial Court has examined the statement of
Ranbir Singh (PW.3) minutely and rejected the defence version
that in such a circumstance it was unnatural on the part of this H
832 SUPREME COURT REPORTS [2011] 4 S.C.R.
A witness not to go to the source of shrieks, giving explanation
that after hearing the shrieks he stopped on his way to the
village and immediately thereafter he saw both the accused
running fast and crossing him. On being stopped and asked
by Ranbir Singh (PW.3), the appellants told him that they were
B running without any specific purpose. Immediately thereafter, he
could not hear any cry. Therefore, he did not inspect the place
from where the cries seem to be coming. Thus, the Trial Court
reached the conclusion that though it was not a case where the
accused had been last seen together with the deceased,
c however, in a case when the accused had the opportunity to
commit the crime and they had the motive on their part to do
so, such a circumstance can also be taken note of.
13. In State of UP. v. Satish, (2005) 3 SCC 114, this Court
held that.the last seen theory comes into play where the time
D gap between the point of time when the accused and deceased
were last seen alive and when the deceased is found dead is
so small that possibility of any person other than the accused
being the author of the crime becomes impossible. Similar view
has been reiterated in Mohd. Azad alias Samin v. State of
E West Bengal, (2008) 15 SCC 449.
14. The Trial Court has given cogent reasons for believing
Ranbir Singh (PW.3) observing that Ranbir Singh (PW.3) was
an independent witness and only 1-1/2 killa away from the
F tubewell of Singh Ram wherefrom he heard the cries. He did
not go to the place wherefrom the shrieks had been coming
assuming that the same had been made by the accused and
such a course could not be unnatural. In spite of the fact that
Shri Laler, learned counsel appearing for the appellants has
G taken us through the evidence on record, we do not find any
cogent reason to interfere with such a finding of fact.
15. The barchha used as a weapon in the crime had been
recovered from the sugarcane field. It had blood stains on it and
had been thrown at a place where it was not visible to all. In
H the instant case, as the motive stood proved distinctly, recovery
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 833
[DR. B.S. CHAUHAN, J.]
of a blood stained barchha from the sugarcane field at the A
disclosure of Jasvinder Singh-accused is a circumstance which
can safely be relied upon for the conviction of the appellants-
accused. As both the appellants had been seen immediately
before the occurrence at the place of occurrence and the
deceased had come there shortly thereafter, they had an B
opportunity to kill Amardeep. After the occurrence, they were
seen running together from the place of occurrence by Ranbir
Singh (PW.3). Such a conduct, if examined, with another
circumstance i.e. the extra-judicial confession made by the
appellants before Phool Singh (PW.10), completes the chain c
of circumstances pointing to the guilt of the appellants-accused.
16. It is a settled legal proposition that conviction of a
person in an offence is generally based solely on evidence that
is either oral or documentary, but in exceptional circumstances
conviction may also be based solely on circumstantial evidence. D
The prosecution has to establish its case beyond reasonable
doubt and cannot derive any strength from the weakness of the
defence put up by the accused. However, a false defence may
be called into aid only to lend assurance to the Court where
various links in the chain of circumstantial evidence are in E
themselves complete. The circumstances from which the
conclusion of guilt is to be drawn should be fully established.
The same should be of a conclusive nature and exclude all
possible hypothesis except the one to be proved. Facts so
established must be consistent with the hypothesis of the guilt F
of th.e accused and the chain of evidence must be so complete
as not to leave any reasonable ground for·a conclusion
consistent with the innocence of the accused and must show
that in all human probability the act must have been done by
the accused. (vide: Sharad Birdhichand Sarda v. State of G
Maharashtra, AIR 1984 SC 1622; and Paramjeet Singh @
Parrima v. State of Uttarakhand, AIR 2011 SC 200).
17. In a case like this, where all circumstances stand proved
against the appellants, their defence may be examined to test H
..
834 SUPREME COURT REPORTS [2011] 4 S.C.R.
A the circumstances stood proved against them. In the instant
case, Kulvinder Singh, appellant No.1 is a resident of another
district. He had not taken the plea of alibi, nor led any evidence
to support the hypothesis that he was not present at the place
of occurrence on the date of incident. His only plea has been
s that he had falsely been implicated without saying anything
further.
18. Shri Laler, learned counsel appearing for the appellants
has challenged the statement made by Ranbir Singh (PW.3)
that he went to the place of occurrence in the morning on
C 10.10.1997 at 9.00 AM. The police had reached there. "Police
remained there till the accused were arrested" stating that it
cannot be true as, admittedly, the appellants had been arrested
on 13.10.1997 on being produced by Phool Singh (PW.10).
Ranbir Singh (PW.3) did not remain present for three days at
D the place of occurrence. The relevant part of the cross-
examination has to be read as a whole in order to examine the
correctness of the submissions so advanced on behalf of the
appellants. The relevant part reads as under:
E "I reached the tubewel/ of Singh Ram on the next
morning at 9.00 a.m. Police had reached the place by
that time. Police did not record statement of anyone else
in my presence. Police remained at the spot till the
accused were arrested. I cannot tell when the accused
F were arrested."
19. By reading the aforesaid part of the statement it cannot
be held that Ranbir Singh (PW.3) had deposed that the
appellants had been arrested in his presence, as he was not
even aware when they had been arrested. So his statement has
G to be understood in the following way: That the police remained
at the place of occurrence for several days and may also mean -
till 13.10.1997 when the accused were arrested. Thus, no case
is made out for interference on this count also.
H 20. The last submission advanced by Shri Laler had been
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 835
[DR. 8.S. CHAUHAN, J.]
that if injuries had been caused by one weapon as deposed A
by Dr. Vijay Mohan Atreja (PW.9), the involvement of Kulvinder
Singh-appellant No.1 becomes doubtful and he should be
acquitted giving him the benefit of doubt. According to the post
mortem report, the following injuries were found on the body of
Amardeep-deceased, aged 25 years. 8
1. Incised wound on the left palm on the thenar
eminence placed obliquely 4 cm x 1 cm tapering
downwards and laterally towards the left thumb 2 cm
deep at the medial side.
c
2. Incised wound 2 cm x 1 cm each on the palmer
aspect of lower phalanx of left index and middle
finger and upper phalanx of the left little finger.
3. Incised wound 9 cm in length x 1 cm on the medial D
aspect of the mid left forearm place obliquely, 7 cm
below the left elbow.
4. Incised wound 3.5 cm x 1 cm placed obliquely on
the right forehead starting from the medial side of
the right eyebrow and extending upward and E
laterally 4 cm above the lateral border of right
eyebrow.
5. Incised wound 5 cm x 1 cm on right eye lid just
below the right eyebrow and extending laterally and F
over the skin 2 cm lateral to the lateral angle of the
right eye.
6. Incised wound 14 cm x 2.5 cm on the front of the
face starting from the right cheek bone's
prominence traversing obliquely towards the left on G
the left cheek.
7. Incised wound 5.5. cm x 1 cm on the face just below
the tip of the nose placed horizontally parallel to the
upper lip. H
836 SUPREME COURT REPORTS [2011] 4 S.C.R.
A 8. Incised wound 4 cm x 1 cm on the right side of the
chin starting from the right angle of the lower lip and
extending downward and medially towards the chin.
9 Stab wound tapering at both ends 2 cm x 1 cm on
'the right side of the neck placed obliquely 3 cm
B
below from the right angle of the mandible going
me.dially and downwards .
.
10. 'Stab wound 2 cm x 2 cm placed on the anterior
aspect of the middle of the neck transversely.
c
11. Stab wound 4 cm x 2 cm on the left side of the neck
2 cm below the right angle of mandible.
12. Stab wound 2.5 cm x 2 cm placed vertically placed
lateral to injury no.1 (3 cm) and 6 cm from the left
D
mastoid.
13. Stab wound 4 cm x 3 cm on left axillary fold
(anterior) place vertically spindle shape tapering
upwards.
E
14. Stab wound 4 cm x 2 cm elliptical at lower border
of left axilla placed vertically.
15. Stab wound 7 cm x 3 cm elliptical, placed obliquely
starting from 5 cm lateral to left nipple and extending
F upto 3 cm medial to injury no.14.
16. Stab wound 4 cm x 3 cm elliptical placed obliquely
on the left chest, 15 cm from the midline and 7 cm
below the injury no.15.
G
17. Incised wound 6 cm x 2 cm placed obliquely on left
side of chest 3 cm below and lateral to injury no.16.
18. Stab wound 4 cm medial to left iliac crest placed
transversely 5 cm x 2 cm. The loops of small
H intestine were coming out of the wound.
• KULVINDER SINGH & ANR. v. STATE OF HARYANA 837
[DR. B.S. CHAUHAN, J.] 1
19. Incised wound 4.5 cm x 2 cm placed obliquely on A
the right inguinal ligament.
20. Incised wound 8 cm x 5 cm placed transversely
parallel to the upper border of left scapula in the
supra scapular region. B
21. Incised wound 1.5 cm x 1 cm placed transversely
on the interior side of left leg in the middle.
22. Incised wound 3 cm x 2 cm on the left posterior
axillary line 12 cm below left axilla placed vertically c
going upto the left chest wall.
According to Dr. Vijay Mohan Atreja (PW.9), the cause of
death in this case was shock and hemorrhage due to ex;tensive
injuries to the vital organs. All these injuries were found to be
anti-mortem in nature and sufficient to cause death in the D
ordinary course of nature.
The injuries look as if received by a person whilst trying to
save himself.
21. The age of the appellants at the time of occurrence had E
been shown on the record as 19 and 23 years respectively and
the deceased was 5 ft.1 O inch tall and 25 years of age. It is
difficult to imagine that one person could cause 22 injuries on
such a well-built person unless the other persons had caught
hold of him. All the injuries found on the person of the deceased F
are on front side of the body and not a single injury has been
found on the back. Such injury could not have been caused
unless somebody had caught hold of the deceased from the
back. It is a case of circumstantial evidence and in the facts
and circumstance of the case, the submission made by Shri G
Laler is merely worth taking note of and not worth consideration.
22. In view of the above, we do not find any force in the
appeal and is, accordingly, dismissed.
R.P. Appeal dismissed. H
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