Holding

The conviction under Section 302 IPC is upheld as the circumstantial evidence meets the requisite standards of proof.

Summary

The appellant, Sarbir Singh, was convicted of murder under Section 302 IPC for the killing of his friend Paramjit Singh, based solely on circumstantial evidence. The prosecution established a chain of events showing the two traveling together, the appellant being seen with blood‑stained hands after the incident, and the recovery of a blood‑stained shirt and bicycle linked to the appellant. The Supreme Court examined the criteria for conviction on circumstantial evidence, emphasizing that the facts must be fully established, consistent only with guilt, conclusive, and leave no reasonable doubt of innocence. It held that the prosecution satisfied these requirements, including the presence of a motive stemming from alleged misbehaviour of the deceased with the appellant's wife. Consequently, the Court upheld the conviction and dismissed the appeal.

Issues considered

Whether the conviction under Section 302 IPC based solely on circumstantial evidence satisfies the legal requirements for establishing guilt beyond reasonable doubt.
Whether the chain of circumstantial evidence presented by the prosecution is complete, conclusive, and excludes any reasonable hypothesis of the appellant's innocence.

Legislation cited

Indian Penal Code, 1861s. 302

Subjects

circumstantial evidencemurderSection 302 IPCmotivechain of evidenceconvictionSupreme Courtcriminal appeal

Judgment

r SARBIR SINGH
v.
STATE OF PUNJAB
A

FEBRUARY 11, 1993

[K. JAYACHANDRA REDDY AND N.P. SINGH, JJ.] B

Indian Penal Code, 1861>-Section 302-<:onviction under-Murdei-
Proof of-Circumstantial evidence-Appreciation of evidence by Court-Duty
of Court-Evidence adducefi by prosecution clear and unambiguous-Effect
of c
The prosecution case was that the appellant and the deceased were
intimate friends. The appellant nursed a grudge against the deceased, as
he misbehaved with the wife of the appellant.

On July 8, 1979 in the morning the deceased accompanied the D
appellant to Mohali, where the appellant wanted to do business. At
Mohali, the appellant went to the brother of his wife (P.W. 11) and
borrowed a bicycle, leaving the deceased at a shop. Later both left the shop
on the bicycle. The deceased was pedalling the bicycle while the appellant
was sitting behind on the carrier of the bicycle. P.W. 5 saw them going by E
the side of the Gnrdwara, Sahib Singh Sabha. At abont 2.45 P.M. on the
same day, P.W. 5 when went to the Gurdwara, one Om Parkash came there
y and told P.W.5 that an injured Sikh gentleman was lying on the ground in
the campns of the Gurdwara. P.W. 5 accompanied by one Balwinder Singh
came to the spot. He identified the victim lying on the ground bleeding
profusely. The members of the Gurdwara Committee were summoned. The F
members who were available reached. The victim succumbed to the in-
jnries in the meantime. P.W. 5 accompanied by one Chatter Singh lodged
the First Information Report at 4.00 p.m., the same day.

The prosecution case was based solely on the circumstantial G
evidence and it could prove the chain events beyond reasonable doubt by
the evidences of its witnesses.

The appellant was convicted under section 302 of the Indian Penal
Code and was sentenced to undergo imprisonment for life by the trial
Conrt. H
1027
.. ·~
1028 SUPREME COURT REPORTS [1993] 1 S.C.R.

A Dismissing the appeal, this Court,

HELD : 1.01. It is said that men lie but circumstances do not. Under ...,..
the circumstances prevailing in the society today, it is not true in many
cases. Sometimes the circumstances which are sought to be proved against
the accused for purpose of establishing the charge are planted by the
B elements hostile to the accused who find ont witnesses to fill up the gaps
in the chain of circumstances. [1031D]

1.02. In countries having sophisticated modes of investigation, every
trace left behind by culprit can be followed and pursued immediately.
C Unfortunately it is not available in many parts of this country. That is why
Courts have insisted (i) the circumstances from which the conclusion of
guilt is to be drawn should in the first instance be fully established; (ii) all
the facts so established should be consistent only with the hypothesis of
the guilt of the accused and should be such as to exclude every hypothesis
but the one sought to be proved; (iii) the circumstances should be of a
D conclusive nature; und (iv) the chain of evidence should not have any
reasonable ground for a conclusion consistent with the innocence of the
accused. [1031E-F]

1.03. If at a trial the prosecution adduces direct evidence to prove
the charge, the Court is primarily concerned whether the witnesses who
E
have testified about the role of the accused are reliable. Once the Court is
satisfied that the witnesses who ere said to have seen the occurrence are
trustworthy and inspire confidence, the finding of guilt has to be recorded,
if otherwise the accused has to be acquitted. But in a case based on
circumstantial evidence neither the accused nor the manner of occurrence
F is known to the persons connected with the victim. [10318-C]

1.04. Suspicion and conjecture should not take place of legal proof. )..
It is true that the chain of events proved by the prosecution must show
that within all human probability the offence has been committed by the
G accused, but the Court is expected to consider the total cumulative effect
of all the proved facts along with the motive suggested by the prosecution
which induced the accused to follow a particular path. The existence of a
motive is often an enlightening factor in a process of presumptive reason-
ing in cases depending on circumstantial evidence. [1032C-D]

H 1.05. The evidence adduced on behalf of the prosecution is clear,
y
..
SARBJR SINGH v. STATE OF PUNJAB [N.P. SINGH, J.] 1029

unambiguous and in unmistakable terms establish that the appellant is A
the perpetrator of the crime and nothing has been brought to Court's
~ notice which leaves any gap in the circumstances to establish the guilt of
the appellant. [1036B]

Reg v. Hodge, (1838) 2 Lewin 227; Hanumant Govind Nargundkar v.
State of Madhya Pradesh, AIR 1952 SC 343; Deonandan Mishra v. The State B
of Bihar, AIR 1955 SC 801; Govinda Reddy v. State of Mysore, AIR 1960 SC
29; Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622;
~ Ashok Kumar Chatteljee v. State of Madhya Pradesh, AIR 1989 SC 1890 and
State of U.P. v. Ashok Kumar Srivastava, AIR 1992 SC 840, referred to.
c
- CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
918of1981.

. From the Judgment and Order dated 10.8.81 of the Punjab &
Haryana High Court in Crl. A. No. 417 DB of 1980.
-,,_. D
U.R. Lalit, M. Qmaruddin and Mrs. M. Qumaruddin for the Appel-
lant.

Ranbir Singh Yadav and R.S. Suri (NP) for the Respondent.

The Judgment of the Court was delivered by E
"(
N.P. SINGH, J. The appellant has been convicted under Section 302
of the Indian Penal Code and has been sentenced to undergo imprisonment
for life, for CPusing the murder of Paramjit Singh.

It is said that the appellant and the deceased were intimate friends F
and they used to visit frequently each other's house. But Paramjit Singh
--(___ (hereinafter referred to as 'deceased') misbehaved with the wife of the
appellant and because of that the appellant had nursed a grudge. On July
8, 1979 in the morning the appellant asked the deceased to accompany him
to Chandigarh and Mohali where he wanted to take some suitable shop for G
h's business. They boarded a bus of the Road Transport Corporation at
Patiala for Chandigarh at about 959 A.M. Gurcharan Singh (PW-8) also
~ came to Chandigarh by the same bus. The appellant and the deceased
reached Chandigarh at about 11.30 A.M. and after staying there for some
time they boarded a local bus for Mohali Gurdev Singh (PW- 23) accom- H
1030 SUPREME COURT REPORTS [1993] 1 S.C.R.

A panied them in the bus from Chandigarh to Mohali. At Mohali after getting
down from the bus the appellant went to Raj Kumar Singh (PW,11)
brother of his wife and borrowed a bicycle from him. During this period
the deceased was sitting at a shop and taking aerated water. Shortly
thereafter, the appellant arrived with the bicycle at the said shop and both
B left on the bicycle. The deceased was pedalling the bicycle and the appel-
lant sat behind on the carrier. Both were seen going on the bicycle by
Janna! Singh (PW-5) by the side of the Gurdwara, Sahib Singh Sabha,
Mohali. Janna! Singh (PW-5) after taking his meals went to Gurdwara
Sahib Singh Sabha at about 2.45 PM. the same day. One Om Parkash,
C came there and told hnn that a Sikh gentleman w~s lying on the ground in
the campus of the said Gurdwara in an injured condi6on. Jaimal Singh
(PW-5) accompanied by Balwinder Singh, Sewadar, came to the spot and
found the victim lying on the ground and bleeding profusely. He identified
hnn to be the same person whom he had seen earlier on the bicycle. The
-
victnn could not speak. Jaimal Singh (PW-5) left Om Parkash and Bal-
D winder Singh, Sewadar, at the spot and summoned members of the
Gurdwara Committee. Some of the members who were available reached.
But in the meantime the victim succumbed to the injuries. They searched
for the assailant. Thereafter Jaimal Singh (PW-5) accompanied by Chatter
Singh went to the Police Station Mohali and lodged the first information
E report at 4.00 P .M. the same day.

It is further the case of the prosecutior. that near about the time of
the occurrence the appellant was seen coming from the side of the

F
Gurdwara Sahib Singh Sabha and was noticed on the way by Joginder
Singh (PW-9) with blood on his hand. On being asked the appellant gave
-
out that he had a fight with someone. and he was going to the hospital to
get his injuries dressed. Gurdev Singh (PW-23) on his way back from the
hotel also saw the appellant going on the bicycle and found him puzzled. ~
He also saw the hand of the appellant stained with blood and blood marks
on his clothes as well. On querry the appellant said that he had got the
G injury through barbed wire and was going to the doctor to get his wounds
dressed. Last in the chain of events, the appellant reached the house of
Raj Kulll,ar Singh (PW-11) and returned him his bicycle.

It is also the case of the prosecution that next day on July 9, 1979,
H the appellant made over the his shirt to Ram Gopal (PW-6), Dry Cleaner,
I
SARBIR SINGH v. STATE OF PUNJAB [N.P. SINGH, J.] 1031

asking him to remove the stains from it. A copy of the receipt prepared in A
y connection with the aforesaid shirt was produced during the trial. The
doctor who held the post mortem examination found several incised
wounds on the person of the deceased including injury on the abdomen.

There is no dispute that the prosecution case is based solely on the
circumstantial evidence. If at a trial the prosecution adduces direct B
evidence to prove the charge, the Court is primarily concerned whether the
::... ' witnesses who have testified about the role of the accused are reliable.
Once the Court is satisfied that the witnesses who are said to have seen
the occurrence are trustworthy and ·inspire confidence, the finding of guilt

- has to be recorded, if otherwise the accused has to be acquitted. But in a
case based on circumstantial evidence neither the accused nor the manner
of occurrence is known to the persons connected with the victim. The first
c

information report is lodged only disclosing the offence, leaving to the
investigating agency to find out the offender.
~
It is said that men lie but circumstances do not. Under the cir- D
cumstances prevailing in the society today, it is not true in many cases.
Sometimes the circumstances which are sought to be proved against the
accused for purpose of establishing the charge are planted by the elements
; hostile to the accused who find out witnesses to fill up the gaps in the chain
of circumstances. In countries having sophisticated modes of investigation, E
"f every trace left behind by the culprit can be followed and pursued imme-
diately. Unfortunately it is not available in many parts of the this country.
That is why Courts have insisted (i) the circumstances from which the
conclusion of guilt is to be drawn should in the first instance be fully
established; (ii) all the facts so. established should be consistent only with
the hypothesis of the guilt of the accused and should be such as to exclude F
-~ every hypothesis but the one sought to be proved; (iii) the circumstances
should be of a conclusive nature; and (iv) the chain of evidence should not
have any reasonable ground for a conclusion consistent with the innocence
of the accused.
G
A note of caution has also been struck regarding the role of imagina-
tion. In the case of Reg v. Hodge, (1838) 2 Le\vin 227, it was said :-
~
"The mind was apt to take a pleasure in adapting cir-
cumstanccs to one another, and even in straining them. a
little, if need be, to force them to for1n parts Of one H
-......J.,
I

1032 SUPREME COURT REPORTS [1993] 1 S.C.R.

A connected while; and the more ingenious the mind of the
individual, the more likely was it, considering such matter,
to overreach and mislead itself, to supply some little link
that is wanting, to take for granted some fact consistent
with its previous theories and necessary to render them
complete."
R
It has been impressed· that suspicion and conjecture
should not take place of legal proof. It is true that the
chain of events proved by the prosecution must show that
within all human probability the offence has been com-
c mitted by the accused, but the Court is expected to con-
sider the total cumulative effect of all the proved facts
along with the motive suggested by the prosecution which
-
induced the accused to follow a particular path. The
existence of a motive is often an enlightening factor in a
process of presumptive reasoning in cases depending on
D
circumstnatial evidence.

Coming to the facts of the present case, Pritarn Kaur (PW-12),
mother of the deceased, has deposed that the appellant went to her house
in the morning and took the deceased with him saying that he will be
E accompanying him to Mohali because the appellant had to select a suitable
shop. Thereafter both of them left together. There does not appear to be
any reason on the part of the mother of the victim to falsely state about
the deceased going along 1vith the appellant in the morning of July 8, 1979.
Gurcharan Singh (PW-8) has testified that at 9.30 A.M. he saw the appel-
-
F !ant and the deceased at the bus stand. He exchanged greeting with them.
They told him that they were going to Chandigarh or Mohali. The deceased
purchased two bus tickets for Chandigarh in his presence. Gurcharan Singh
(PW-8) travelled in the same bus with the appellant and the deceased and
all the three came out from the bus at Chandigarh together. Sahib Chand
(PW-24), an employee of the Punjab Roadways Transport Corporation,
G had sold two tickets. The yard control register was produced before the
Court to prove in respect of sale of the two tickets which were recovered
from the person of the deceased at the time to the. post mortem examina-
tion. The two tickets were recovered on July 8, 1979, on tbe date. of
occurrence itself before the appellant had been located as the culprit of
H the crime. The two tickets recovered from the person of the deceased
.,,,..,
SARAIR SINGH v. STATE OF PUNJAB [N.P. SINGH, J.] 1033

establish that the deceased had. travelled from Patiala ? Jong with one A
y another person who was close to him because the deceased was keeping
both the tickets in his pocket. This circumstances corroborates the
evidence of Pritam Kaur (PW-12) as well as of Gurcharan Singh (PW-8).

The other circumstance in the chain of events, according to the
prosecution, is that the appellant and the deceased boarded a local bus at B
Chandigarh for Mohali reaching there at about 1.30 P.M. Gurdev Singh
(PW-23), who was then employee in Colonization Department, Sector 22,
"" Chandigarh, and .residing at Badheri, also travelled in the same local bus.
He belonged to Patiala. Gurdev Singh (PW-23) saw the appellant and the
deceased getting--down from the local bus al Mohali. They also exchanged c
- greetings with him and on being asked the appellant told him that they
were going lo select a shop. They walked together for a short distance and
thereafter Gurdev Singh (PW-23) went to take his meals at a dhaba.
Thereafter the appellant asked the deceased to wait at a shop and he
y- himself went to his wife's brother Raj Kumar Singh (PW-11) and borrowed
D
a bicycle from him. Raj Kumar Singh (PW-11) although a close relation of
the appellant has testified that the appellant took his red bicycle from his
house at about 1.30 P.M. Jaimal Singh (PW-5) saw the deceased taking
aerated water at the shop and later saw the appellant and the deceased
both going together .on a red bicycle. The deceased was pedalling the
.,. bicycle and the appellant was sitting on the carrier. Gurdev Singh (PW- E
23) aforesaid who had left the appellant and the deceased while going to
the dhaba for taking his meals, after taking his meals, at about 2.30 P.M.

- again saw the appellant coming on the same bicycle alone. The appellant
appeared to be puzzled and his hands were stained with blood. There were
also blood spots on his clothes. Gurdev Singh (PW-23) asked him.as to
F
what had happened to him. The appellant without stopping the bicycle said
,...._ that he got entangled in the were and ware rushing to some doctor to get
himself bandaged.

Yet another witness Joginder Singh (PW-9) who had gone to Mohali
in search of some plot saw the appellant at about 2.15 P.M. coming on a G
red colour bicycle. He also noticed the hand of the appellant stained with
_,,,... blood. On querry the appellant told Joginder Singh (PW-9) that he had a
fight with son1e person and \Vas going to hospital for dressing of his
wounds. Thereafter the appellant went to Raj Kumar Singh (PW-11) his
brother-in-law to hand over the bicycle aforesaid. H
. --..(,
'I

1034 SUPREME COURT REPORTS [1993] 1 S.C.R.

A It may be mentioned that in the Court Raj Kumar Singh (PW-11)
•
stated that this appellant had gone to his house at about 1.30 P.M. and
v
taken his red colour bicycle which he returned the same day later. But he
denied that he had stated during investigation that he had seen injuries on
the hand of the appellant. He also denied that he had told the police during
B investigation that the appellant was mentally agitated. Still the fact that the
appellant had taken from him his red colour bicycle at about 1.30 P.M.
which the appellant returned to him later the same day has been testified
by him. If this part of the evidence of Raj Kumar Singh (PW-11) is
accepted which we find no reason to doubt then his evidence corroborates
the evidence of Jaimal Singh (PW-5) and Gurdev Singh (PW-23) that the
c appellant was going with the deceased on a red colour bicycle at about 1.30
P.M. and about 2.30 P.M. the appellant was seen coming on the bicycle
alone. Jaimal Singh (PW-5) has also stated that he had seen the accused
-
and the deceased going on the bicycle at a place which was 500 yards from f'-
the local Gurdwara Singh Sabha. Jaimal Singh (PW-5) later went to the
~
D said Gurdwara and in the Gurdwara premises while he was talking with
Balwinder Singh Sewadar, at about 2.45•P.M. one Om Parkash came there
•
and informed that a Sikh gentlement was lying on the ground in an injured
condition. All of them went towards the place where the injured was lying. '"
Jaimal Singh rccongnised the victim to be the same person whom he had I
~-;

E seen earlier taking aerated water at the shop and later on the bicycle along
with the appellant. Blood was coming out from his abdominal region. The
victim was not in a position to speak. Jaimal Singh (PW-5) went to call the .I
members of the Gurdwara Committee. Two members of the Gurdwara
reached the spot. But by that time victim_ had succumhled to his injuries.
-
F Therefore they went to the Police Station Mohall where Jaimal Si11gh
(PW-5) lodged the first information report at 4.00 P.M. Jaimal Singh
(PW-5) did not know either the name of the appellant or that of the
deceased but he stated in the first information report that he had gone to
Dhaba and at about 1.30 P.M., while taking meals he saw a fair com-
plexioned Sardar taking aerated water in the adjoining .shop. After taking
G meals when he· was going on the road, again he saw the same Sardar
pedalling a cycle going towards Gurdwara Singh Sabha Mohali and behind
him a young Hindu Mona was sitting on the cycle. Then he gave the details -4.._
as to how then at the Gurdwara, at about 2.45 P.M., one Om Parkash told
him that one Sardar was lying in a corner of Gurdwara in an injured
H
SARBIR SINGH v. STAJF OF PUNJAB [N.P. SINGH, J.] 1035

condition. He went and identified that he was the same young man whom A
he had seen taking aerated water at the shop and then on the bicycle. The
·y first information report was lodged within one-and-a-half hours of the
occurrence giving the aforesaid details. The statements made in the first
information report corroborate fully the testimony of Jaimal Singh (PW-5)
in Court. Once the evidence of J aimal Singh is accepted, it supports and B
corroborates the evidence of Gurdcv Singh (PW-23) who had travelled with
the appellant and deceased in local bus from Chandigarh to Mohali and
. had got down at Mohali at 1.30 P.M. He later saw the appellant at about
¥. 2.30 P.M. returning on the bicycle with injuries on hand and blood on
clothes. Gurdev Singh (PW-23) knew the appellant as well as deceased
from before.
c
Apart from the evidence of the witnesses, who have proved the
different links in the chain of events, the shirt which the appellant was
wearing and on which blood had been noticed by \vitnesses as already
)--mentioned above was recovered from the la.undry of Ram Gopal (PW-6). D
According to Ram Gopal (PW-6) on July 9, 1979 the appellant had given
that shirt to remove certain stains. He had issued a receipt to the appellant
and one chit was tagged with the shirt for identification. The third was kept
by way of record. The shirt was seized and sent to the chemical examiner
who found human blood on the said shirt. The shirt as well as the bicycle
,were produced as exhibits before the Trial Court and have been identified E
'1' by the witnesses who were examined on behalf of the prosecution. None
of the witnesses examined on behalf of the prosecution appear to have beer,

- set up or planted by any inimical source. They are neither interested in the
deceased nor have any bias against the appellant.
F
So far the motive which impelled the appellant to commit the mur-
~der, it has been suggested on behalf of the prosecution that the appellant
and the deceased were intimate friends but the appellant had a suspicion
that the deceased was misbehaving with his wife, for which the appellant
had a resentment. The resentment was never allowed to be surfaced by the
appellant by way of strong protest or confrontation. However, he had G
mentioned this lo Darshanjit Singh (PW-13), Kanwaljit Singh (PW-14) and
Sarup Lal (PW-15). The three witnesses aforesaid have deposed as to how
~ the appellant \Vas carrying a suspicion and \Vas tense from inside in respect
of the conduct of the deceased. There is nothing on the record to show
that the aforesaid lhree \Vitncsscs \Vere either ini1nical to the appellant or H
--...:
i

1036 SUPREME COURT REPORTS [1993) 1 S.C.R.

A interested in the deceased because of that they could have concocted a
motive for commission of the crime by the appellant.

According to us the evidence adduced on behalf of the prosecution
is clear, unambiguous and in unmistakable terms establish that the appel-
lant is the perpetrator of the crime and nothing has been brought to our
B notice which leaves any gap in the circumstances to establish the guilt of
the appellant. The facts of the case stands the scrutiny and tests as laid
down by this Court in the cases of Hanumant Govind Nargundkar v. State
of Madhya Pradesh, AIR 1952 SC 343; Deona11dan Mishra v. 171e State of ~
Bihar, AIR 1955 SC 801; Govinda Reddy v. State of Mysore, AIR 1960 SC
C 29; Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622;
As/wk Kumar Chatterjee v. State of Madhya Pradesh, AIR 1989 SC 1890
and State of U.P v. As/wk Kumar Srivastava, AIR 1992 SC 840. - I

The appeal is accordingly dismissed.

V.P.R. Appeal dismissed. ~

)