Holding

The High Court’s acquittal was perverse and illegal because it failed to consider the eye‑witness testimony; the conviction under Sections 302, 34 and 307 IPC is restored.

Summary

The case arose from a shooting incident in which the complainant Amar Singh and his family were injured and his son Lakha Singh died. The trial court convicted Balwinder Singh and three others under Sections 302, 34 and 307 IPC based largely on the testimony of three injured eye‑witnesses and medical evidence. The Punjab & Haryana High Court acquitted the accused, holding that the delay in lodging the FIR, omissions in the inquest report and investigative lapses rendered the prosecution case doubtful. On appeal, the Supreme Court held that the High Court’s order was perverse because it ignored the eye‑witness testimony, that a delay of 26 hours in filing the FIR does not, by itself, undermine the prosecution, that the scope of an inquest report under Section 174 CrPC does not require details of the incident, and that investigative omissions do not defeat a case fully established by eyewitness and medical evidence. Consequently, the conviction was restored.

Issues considered

The appellate court's duty under Section 386 CrPC to peruse eye‑witness testimony in an appeal from conviction
Whether a delay of 26 hours in lodging the FIR can by itself render the prosecution case doubtful
The relevance of the absence of incident details in the inquest report under Section 174 CrPC
The effect of investigative omissions (failure to seize wire gauze, not sending firearms for ballistic comparison, diary register gaps) on the reliability of the prosecution case
Whether the failure to examine all available eye‑witnesses violates the requirement of Section 134 Evidence Act

Legislation cited

Code of Criminal Procedure, 1973s. 155, s. 174, s. 384, s. 385, s. 386
Indian Evidence Act, 1872s. 134
Indian Penal Code, 1860s. 302, s. 307, s. 34

Subjects

murderconvictionappealeye‑witness testimonyFIR delayinquest reportinvestigative lapsesSection 386 CrPCSection 174 CrPCSection 134 Evidence Act

Judgment

A AMAR SINGH
v.
BALWINDER SINGH AND ORS.

JANUARY 31, 2003

B
[S. RAJENDRA BABU AND G.P. MATHUR, JJ.]

Penal Code, I 860-Section 302 read with Section 34 and Section 307-
Conviction-High Court acquitting .the accused-On appeal held ord,er of
C High Court perverse and illegal since it failed to consider the testimony of
eye-witnesses and reasons given for discarding the prosecution case are not
sustainable in law-Hence acquittal set aside. +
Code of Criminal Procedure, 1973:

D Section 386-Power ofAppellate Court-Appeal from conviction-Case
based on eye witness account-High Court failing to consider testimony of
eye-witnesses and acquitting accused-leads to infraction of Section 386.

Section I 7 4-lnquest report-Non-mentioning of facts about
occurrence-Effect of-Held, such omission does not affect the prosecution
E case since the purpose of the report is to report regarding the apparent cause
of death.

Criminal Trial:

FIR-Inordinate delay in lodging-EvidentiQ/y value of-Held: It
F depends on facts and circumstances of the case whether such delay casts
doubt about the veracity of the prosecution case-On facts, delay satisfactorily
explained, thus no adverse inference can be drawn against the prosecution
case.

Investigating Officer-Failure or omission in investigation-Effect of-
G When prosecution case is jillly established by testimony of eye-witnesses and
corroborated by medical evidence-Held, such failure does not render
prosecution case doubtful.

Examination of all eye-witnesses-Necessity of-Discussed-Evidence
H Act, 1872-Section 134.
754
AMAR SINGH v. BAL WINDER SINGH 755
According to the prosecution, accused party armed with guns fired A
.••sltots ,at appellant, his sons and two others, and ran away. It is alleged
that there was dispute going on between accused and appellant. Thereafter,
injured persons were taken to hospital. Among them one of the son of
appellant succumbed to his injuries and one sustained injuries dangerous
to his life. Sub-Inspector recorded the statement of appellant-informant. B
FIR was lodged the next day. Trial Court convicted and sentenced the
accused for the offence committed. Ho\o,'ever, High Court acquitted them.
Hence the present appeal.

Allowing the appeal, the Court

HELD: I. Order of acquittal passed by the High Court is wholly C
perverse and illegal inasmuch as it completely failed to consider the
testimony of the eye-witnesses and the reasons given for discarding the
prosecution case are also unsustainable in law. Hence the acquittal order
is set aside. 1769-G, H; 770-AI
D
2. Under Section 386 Cr.P.C. it is mandatory for the appellate
court to peruse the testimony of the eye \Vitnesses. In a case based upon
direct eye-witness account the testimony of eye-\\'itnesses is of paramount
importance and if the appellate court reverses the finding recorded by
trial court and acquits the accused \Vithout considering or examining the
testimony of the eye-witnesses, it will be a clear infraction of Section 386 E
Cr.P.C. In the i11stant case trial court placed reliance on the testimony of
eye witnesses and convicted the accused. However, High Court failed to
consider the testimony of eye witnesses and acquitted the accused, which
was violation of Section 386 Cr. P.C.

Biswanath Ghosh v. State of West Bengal and Ors., AIR 119871 SC F
1155 and State ofU.P. v. Sahai and Ors., AIR (1981) SC 1442, referred to.

3.1. There is no hard and fast rule that any delay in lodging the FIR
would automatically render the prosecution case doubtful. It necessarily
depends upon facts and circumstances of each case whether there has G
been any such delay in lodging the FIR which may cast doubt about the
veracity of the prosecution case and for this a host of circumstances like
the condition of the first informant, the nature of injuries sustained, the
number of victims, the efforts made to provide medical aid to them, the
distance of the hospital and the police station, etc. have to be taken into
consideration. There is no mathematical formula by which an inference H
756 SUPREME COURT REPORTS [2003] I S.C.R.

A may be drawn either way merely on account of delay in lodging of the
FIR. 1764-B, Cl

3.2. In the instant case the period which elapsed in lodging the FIR
of the incident has been fully explained from the evidence on record and
no adverse inference can be drawn against the prosecution merely on the
B ground that the FIR was lodged after 26 hours. High Court failed to take
all this into consideration. Thus the view taken by High Court that there
was inordinate delay in lodging FIR and delay in sending the Special
Report of the occurrence to Judicial Magistrate ~s not correct and does
not render the prosecution case doubtful. 1763-0, E; 764-A, Bl
c Tara.Singh and Ors. v. State of Punjab, AIR (1991) SC 63; Zahoor and
Ors. v. State of U.P., AIR (1991) SC 40 and Jamna and Ors. v. State of Uttar
Pradesh, AIR (1994) SC 79, referred to.

4. The provision for holding of an inquest and preparing an inquest
D report is contained in Section 174 Cr.P.C. The basic purpose is to report
regarding the apparent cause of death namely, whether it is suicidal,
homicidal, accidental or by some machinery etc. describing the wounds
as may be found on the body and weapon or instrument by which they ·
appear to have been inflicted and this has to be done in the presence of
two or more respectable inhabitants of the neighbourhood. It does not
E contemplate that the manner in which the incident took place or the
names of the accused should be mentioned in the inquest report. Therefore,
High Court erred in holding that as the details about the occurrence
were not mentioned in the inquest report, it showed that the investigating
officer was not sure of the facts when the inquest report was prepared.
1765-F; 766-A-C)
F
Podda Narayana and Ors. v. State of Andhra Pradesh, AIR (1975) SC
1252; Khuji alias Surendra Tiwari v. State of Madhya Pradesh, AIR (1991)
SC 1853 and Shakita Khadar v. Nausher Gama and Anr., AIR (1975) SC
1324, referred to.
G 5. High Court's holding that the investigation was tainted since the
· investigating officer failed to take in his possession the wire gauze of the
window from where one of the accused is alleged to have fired from his
gun, his failure in sending the fire arms and the empties to the Forensic
Science Laboratory for comparison and certain omissions in the Daily
H Diary Register (DOR) are not of any substance on which such an inference
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR. J.) 757

could be drawn. In the instant case where the prosecution case is fully A
established by the direct testimony of the eye-witnesses, which is
corroborated by the medical evidence, any failure or omission of the
investigating officer cannot render the prosecution case doubtful or
unworthy of belief. 1767-B; 768-Ci

Kamel Singh v. State of M.P., 119951 5 SCC 518; Paras Yadav and B
Ors. v. State of Bihar, 119991 2 SCC 126 and Ram Bihari Yadav v. State of
• Bihar, 119981 4 SCC 517, referred to .

6. Section 134 of the Evidence Act provides that no particular
number of witnesses shall in any case be required for the proof of any C
fact. In the instant case the prosecution having examined three eye-
witnesses, there was no necessity of multiplying the number of witnesses
and no adverse inference could be drawn against the prosecution merely
on the ground that two were not examined. If the incident had not taken
place as suggested by the prosecution but had happened in a different
manner, there was no impediment in the way of the accused-respondents D
to examine the aforesaid persons as defence witnesses, but they did not
chose to do so. [769-B; 769-F, GI

State o/U.P. and Anr. v. Jaggo alias Jagdish and Ors., AIR (1971) SC
1586; Vadivelu Thevar v. State of Madras, AIR (1957) SC 614 and Ramratan
and Ors. v. State of Rajasthan, AIR (1962) SC 424, referred to. E
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1671 of 1995.

From the Judgment and Order dated 26.9.1991 of the High Court of
r
Punjab and Haryana in Crl. A. No. 305 of 1989. F
O.K. Khullar and R.C. Kohli for the Appel\ants.

Ashwani Kumar, Ms. Prem Malhotra, Rishi Malhotra, Bimal Roy Jad,
• and Ms. Sunita Pandita for the Respondent.
G
The Judgment of the Court was delivered by

G.P. MA THUR, J. This appeal has been preferred by the complainant
(first informant) against the judgment and order dated 26.9.1991 of High
Court of Punjab & Haryana by which the appeal preferred by the accused-
respondent was allowed and the judgment and order dated 28.7.1989 of H
758 SUPREME COURT REPORTS [2003) I S.C.R.

A Additional Sessions Judge, Sangrur by which they had been convicted and
sentenced was set aside. The learned Additional Sessions Judge had convicted
accused Surjit Singh under Section 302 I PC and the remaining three accused,
namely, Balwinder Singh. Avtar Singh and Mal Singh under Section 302
read with Section 34 IPC and had sentenced each of them to imprisonment
for life and a fine of Rs. 5,000 and in default to undergo six months rigorous
B imprisonment. The accused were futther convicted under Section 307 !PC
and were sentenced to rigorous imprisonment for four years and a fine of
Rs. 500 each and in default to undergo two months rigorous imprisonment.
All the sentences were ordered to run concurrently.

C The case of the prosecution. in brief, is that at about 7.00 p.m. on
23.5.1987 the complainant, Amar Singh along with his sons Lakha Singh,
Gurbachan Singh and Bhan Singh and two others namely, Kashmira Singh
and Pritam Singh, was coming towards his outer house after having ·unloaded
the trolley of wheat straw. When they were at a distance of about 5-6 karams
from the Baithak of Gurdial Singh, they saw that accused Balwinder Singh
D (A- I) and Avtar Singh (A-2), armed with SBBL guns and accused Surjit
Singh (A-3) and Mal Singh (A-4) armed with DBBL guns were standing
there. A-1 entered the Baithak and fired a shot towards them through the iron
gauze of the window which hit Kashmira Singh. Surjit Singh (A-3) fired a
shot which hit Lakha Singh on his face and left side of the neck and right
E hand and a second shot which hit Amar Singh. A-4 fired a shot which hit
Bhan Singh and a second shot which hit Gurbachan Singh. A-2 fired a shot
which hit Pritam Singh Thereafter the accused ran away. Amar Singh then
carried Lakha Singh to his outer house and all the injured persons also reached
there. The injured persons were then taken to bus stand, Sangrur, in the
tractor trolley of Major Singh, where they hired two taxies on which they
F proceeded to Christian Medical College, Ludhiana where they were admitted
at about 11.30 p.m. on the same night. Lakha Singh succumbed to his injuries
at about 8.00 a.m. on 24.5.1987. Information was then sent from the hospital
to S.H.O. Division No.3, Ludhiana and thereafter PW 14 Sardara Singh, S.I.
Police Station, Sangrur came there and recorded the statement of Amar Singh.
G This was sent to PS, Sangrur through Joga Singh, Constable and a formal FIR
was recorded at 9.20 p.m. After investigation, charge sheet was submitted
against the four accused-respondents and in due course they were committed -+
to the Court of Sessions.

During the course of trial the prosecution examined in all 17 witnesses
H including three eyewitnesses of the occurrence and filed some documentary
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR. J.] 759

evidence. The accused in their statement under Section 313 Cr.P.C. denied A
the case of the prosecution and pleaded that they had been falsely implicated.
The defence of A-3 was that there was some dispute regarding passage between
Amar Singh and Sadhu Singh and in the said case his father had appeared as
a witness against the former. He further pleaded that he had contested the
election for the office of Sarpanch against Hari Singh in which A-I was B
polling agent of Hari Singh and that A-1 was removed from service on his
complaint regarding e1nbezzlement. He thus sub1nitted that he had strained
relations with A-I and A-2 and as such he could not have joined with them
in the commission of the crime. The accused examined three witnesses, namely,
DW-1 Sadhu Singh, DW-2 Ram Singh and DW-3 Pritam Singh in their
defence. c
The learned Sessions Judge believed the case of the prosecution and
convicted and sentenced the accused as mentioned earlier. The appeal preferred
by the accused-respondents was allowed by the High Court and their conviction
and sentence was set aside. The main grounds which weighed with the High
Court in allowing the appeal are that there was delay in lodging the FIR; that D
two injured persons and one Ramesh whose name is mentioned in the FIR
"'ere not examined as witnesses by the prosecution and that the investigation
of the case was tainted.

Before examining the contention raised by learned counsel for the parties,
it is necessary to briefly refer to the evidence, which has been adduced by E
the prosecution. PW5 Dr. D.S. Mohan, Medical Officer, CMC Hospital,
Ludhiana admitted all the injured, namely Amar Singh, Bhan'Singh, Gurbachan
Singh, Pritam Singh and Kashmira Singh in the casualty ward on 23.5.1987.
PWI Dr. William F. Masih, Registrar, Department ofSurge1y, CMC, Ludhiana,
medically examined PW? Bhan Singh at 11.30 p.m. on 23.5.1987 and found p
multiple pellet injuries 14 in number on lower abdomen and also multiple
pellet injuries on right fore-arm and right leg. On internal examination, he
found multiple small holes in the terminal ileum and perforation in Caecum.
Bhan Singh was discharged from hospital on 8.6.1987 after a surgery had
been performed. The same doctor medically examined PW8 Gurbachan Singh
at 12.45 a.m. in the night of 23/24.5.1987 and found pellet inj;iries on right G
hand and on epigastrium region. In the opinion of the doctor the injuries no.4
+ and 5 of PW? Bhan Singh were dangerous to life and duration of injuries
sustained by both the injured was fresh. PW! 8 Dr. A.S. Cherian has proved
the injury report of Lakha Singh, who was admitted in the casualty ward at
11.30 p.m. on 23.5.1987 and also the injury report of PW4 Amar Singh. PW3 H
760 SUPREME COURT REPORTS [2003] I S.C.R.

A Dr. George T. Abraham examined Pritam Singh and Kashmira Singh from
12 .45 a.m. onwards in the night of 23/24.5 .1987. Pritam Singh had sustained
three gun shot injuries on left thigh while Kashmira Singh had sustained a
gun shot wound on his right fore-arm. PWI 3 Dr. Varun Satija, Radiologist
conducted X-ray examination of the injuries of the injured Amar Singh,
B Lakha Singh, Bhan Singh, Gurbachan Singh, Pritam Singh and Kashmira
Singh and has proved the X-ray examination reports prepared by him. Lakha
Singh succumbed to his injuries at about 8.00 a.m. on 24.5.1987. PW2 Dr.
Virinder Kappa!, Medical Officer, Civil Hospital, Ludhiana conducted post-
mortem examination on the body of the deceased at 3.15 p.m. on 25.5.1987
and found 16 gun shot wounds on different parts of the body. The internal
·C examination showed that injury no. I had perforated the frontal bone and a
pellet was recovered from right cerebral cortex. One pellet had entered through
the angle of mandible and had fractured brain stem entering the skull and it
was found embedded in the brain matter. There was laceration of the durameter
and the brain matter. Pellets had also entered the chest wall and were found
in the lower lobe of right lung. According to doctor the death had occurred
D due to injuries on vital organs namely brain and lung and they were sufficient
in the ordinary course of nature to cause death individually and collectively.
Thus, the medical evidence on record shows that six persons received gun
shot injuries in the incident out of whom the injuries to Lakha Singh proved
fatal and the injuries sustained by PW7 Bhan Singh were dangerous to life.
E He was operated upon and was discharged from the hospital after 16 days on
8.6.1987.

Coming to the ocular testimony, the prosecution examined three injured
witnesses, namely PW4 Amar Singh, PW7 Bhan Singh and PW8 Gurbachan
Singh. In his statement in Court PW4 Amar Singh corroborated the version
F given by him in the FIR and stated that Jangir Dass Sadh had previously
given his land for cultivation to A- I and A-2 on crop sharing basis but last
year he gave his land to him due to which the accused were aggrieved. He
has further stated that at about 7.00 p.m. on 23.5.1987 he was coming to his
inner house after unloading the trolley of wheat straw along with his sons
G Lakha Singh, Gurbachan Singh and Bhan Singh and also Kashmira Singh
and Pritam Singh. When he was at a distance of 5-6 karams from the Baithak
of Gurdial Singh, he saw accused A-I and A-2 armed with SBBL guns and
A-3 and A-4 armed with DBBL guns standing in front of the Baithak of
Gurdial Singh. A-1 then entered the Baithak and fired a shot through the iron
gauze of the window which hit Kashmira Singh. The first shot fired by A-
H 3 hit Lakha Singh on his face and the second shot fired by him hit him on
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR, J.] 761

his arm and head. A-4 fired a shot which hit Bhan Singh and another shot A
fired by him hit Gurbachan Singh. Thereafter, A-2 fired a shot which hit
Pritam Singh. After causing the injuries, the accused ran away. Lakha Singh
had fallen down and was removed to the house. All the injured were brought
to bus stand Sangrur by Major Singh in a tractor trolley, where they hired
two taxies and proceeded to CMC, Ludhiana, where they were admitted in B
the night. PW? Bhan Singh and PW8 Gurbachan Singh have given similar
version of the incident and have fully corroborated the testimony of PW4
Amar Singh. DWI Sadhu Singh and DW2 Ram Singh have deposed that S.l.
Sardara Singh took away their guns and DW3 Pritam Singh has merely stated
that Panchayat election is held under his supervision.

The learned Sessions Judge after placing reliance on the testimony of
c
the eye-witnesses and the medical evidence on record was of the opinion that
the case of the prosecution was fully established. Surprisingly the High Court
did not at all consider the testimony of the eye witnesses and completely
ignored the same. Section 384 Cr.P.C. empowers the Appellate Court to
dismiss the appeal summarily ifit considers that there is no sufficient ground D
for interference. Section 385 Cr.P.C. lays down the procedure for hearing
appeal not dismissed summarily and sub-section (2) thereof casts an obligation
to send for the records of the case and to hear the parties. Section 386 Cr.P.C.
lays down that after perusing such record and hearing the appellant or his
pleader and 1he Public Prosecutor, the Appellate Court may, in an appeal E
from conviction, reverse the finding and sentence and acquit or discharge the
accused or ·order him to be re-tried by a Court of competent jurisdiction. It
is, therefore, mandatory for the Appellate Court to peruse the record which
will necessarily mean the statement of the witnesses. In a case based upon
direct eye-witness account the testimony of the eye-witnesses is of paramount
importance and if the Appellate Court reverses the finding recorded by the F
Trial Court and acquits the accused without considering or examining the
testimony of the eye-witnesses, it will be a clear infraction of Section 386
Cr.P.C. In Biswanath Ghosh v. State of West Bengal and Ors., AIR (1987)
SC 1155 it was held that where the High Court acquitted the accused in
\
appeal against conviction without waiting for arrival of records from the G
Sessions Court and without perusing evidence adduced by prosecution, there
was a flagrant mis-carriage of justice and the order of acquittal was liable to
be set aside. It was further held that the fact that the Public Prosecutor
+ conceded that there was no evidence, was not enough and the High Court had
to satisfy itself upon perusal of the records that there was no reliable and
credible evidence to warrant the conviction of the accused. In State a/UP v. H

II'
762 SUPREME COURT REPORTS [2003] I S.C.R.

A Sqhai and Ors. AIR (1981) SC 1442 it was observed that where the High
Court has not cared to examine the details of the intrinsic merits of the ~
evidence of the eye-witnesses and has rejected their evidence on the general
grounds, the order of acquittal passed by the High Court resulted in a gross
and substantial mis-carriage of justice so as to invoke extra-ordinary
B jurisdiction of Supreme Court under Article 136 of the Constitution.

In the present case, the incident took place at about 7 .00 p.m. on
23.5.1987. On 23rd May the sun sets fairly late and there is good light at 7.00
p.m. and as such the witnesses must have seen and identified the assailants
who were all residents of the same village Chatha Sekhwan and were very
C well known to them. The three eye-witnesses examined by the prosecution,
namely, PW4 Amar Singh, PW7 Bhan Singh and PW8 Gurbachan Singh are
injured witnesses and, therefore, no doubt can be raised about their presence
on the spot. They have given a consistent version that A- I and A-2 were
armed with SBBL guns and A-3 and A-4 were armed with DBBL guns and
that all the accused fired from their respective weapons causing injuries to
D them and also to Kashmira Singh, Pritam Singh and the deceased Lakha
Singh. Thus, the evidence on record fully establishes the case of the
prosecution.

The main reason given by the High Court for disbelieving the prosecution
case is that though the incident took place at 7.00 p.m. on 23.5.1987 but the
E FIR was recorded at 9.20 p.m. on 24.5.1987 at the Police Station and the
Special Report reached th.e Magistrate at l l .45 p.m. and as the distance of the
Police Station Sangrur from the place of occurrence is only 4 kilometers,
there was inordinate delay in lodging the FIR which rendered the prosecution
case doubtful. In our opinion, in the facts and circumstances of the case the
p view taken by the High Court that there was inordinate delay in lodging the
FIR is not correct. In the incident in question, besides the first informant x
Amar Singh, his three sons, namely, Lakha Singh, Bhan Singh and Gurbachan
Singh and two others Kashmira Singh and Pritam Singh had received injuries.
The condition of Lakha Singh was serious as he had received injuries on his
chest, neck and brain and the injuries received by Bhan Singh were also
G grievous and dangerous to life. Naturally, the first anxiety of the injured
would have been to rush to the hospital to get immediate medical aid and to
save their life. PW4 has stated that Sangrur is 7-8 Kilometers from his village
and he reached the bus stand, there at about 9.00 p.m. on the tractor of Major
+
Singh and from there he hired two taxies for going to Ludhiana. He reached
H Ludhiana which is 60 kilometers from Sangrur at about I 1.00 p.m. and all

)
1-
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR . .T.] 763

the injured were admitted in the hospital at about 11.30 p.m. Though medical A
aid was provided to his son Lakha Singh, but he died at about 8.00 a.m. on
24.5.1987. The condition of his another son PW7 Bhan Singh was also serious.
PW I Dr. William F. Masih has stated that injuries no.4 and 5 of Bhan Singh
were dangerous to life. His statement also shows that Bhan Singh was operated
upon and ultimately he was discharged from the hospital on 8.6.1987. The
record shows that some information was sent from CMC hospital to Police B
Division No.3 in Ludhiana, which is at a distance of about 3 kilometers after
the death ofLakha Singh in the morning of24.5.1987. Thereafter, a wireless
message was sent to Police Station Sangrur. Sardara Singh, SI then proceeded
from Sangrur for Ludhiana at about I 0.30 a.m. and after reaching the hospital,
he moved an application before the CMO, CMC hospital, requesting that it C
may be informed whether statement of the witnesses can be recorded. Dr.
Koshi George then gave in writing that Amar Singh was in fit condition to
give his statement. It was thereafter that PWl4 Sardara Singh, S.l., recorded
the statement of Amar Singh at about 5.30 p.m. This statement in writing was
sent to PS Sangrur through Constable Joga Singh on the basis of which
PWl7 Om Prakash, SHO, Kotwali Sangrur, recorded the FIR, Exh. PJ/2 at D
9.20 p.m. on 24.5:1987. The High Court merely said that as the place of
occurrence is only 4 kilometers from the Police Station and the FIR was
lodged after 26 hours, the delay in lodging thereof has rendered the prosecution
case doubtful. The sequence of events and the manner in which the FIR was
lodged have not at all been taken into consideration. It is quite likely that E
Amar Singh was too shocked to think about the lodging of the FIR. His only
anxiety must have been to anyhow rush to the hospital to sav< the lives of
his sons. It is noteworthy that he did not go to any nearby dispensary or an
ordinary hospital, but went to a good medical college hospital, which was at
Ludhiana to get the best possible treatment. In the night he and his other
relations must have been too involved in looking after the injured persons, F
some of whom were fighting for their life. Time must have been taken by
both PWl4 Sardara Singh, SI to reach Ludhiana from Sangrur and thereafter
by Joga Singh, Constable in carrying the statement of Amar Singh from
CMC Ludhiana to PS Sangrur. In these circumstances, there was hardly any
delay in lodging of the FIR at the Police Station. The Special Report of the G
occurrence was sent to CJM, Sangrur within two hours and 20 minutes of the
lodging of the FIR. The Special Report was, therefore, sent very promptly
and it cannot be said by any stretch of imagination that there was any delay
+ in sending the same.

The High Court has went to the extent of observing that the delay of H
764 SUPREME COURT REPORTS [2003] I S.C.R.

A 26 hours in sending the Special Report by itself was enough to allow the
appeal and to set aside the conviction of the accused. In our opinion, the
period which elapsed in lodging the FIR of the incident has been fully
explained from the evidence on record and no adverse inference can be
drawn against the prosecution merely on the ground that the FIR was lodged
at 9.20 p.m. on the next day. There is no hard and fast rule that any delay
B in lodging the FIR would automatically render the prosecution case doubtful.
It necessarily depends upon facts and circumstances of each case whether
there has been any such delay in lodging the FIR which may cast doubt about
the veracity of the prosecution case and for this a host of circumstances like
the condition of the first informant, the nature of injuries sustained, the number
C of victims, the efforts made to provide medical aid to them, the distance of
the hospital and the police station, etc. have to be taken into consideration.
There is no mathematical formula by which an inference may be drawn either
way merely on account of delay in lodging of the FIR. In this connection it
will be useful to take note of the following observation made by this Court
in Tara Singh and Ors. v. State of Punjab, AIR (1991) SC 63 :
D
"The delay in. giving the FIR by itself cannot be a ground to doubt
the prosecution case. Knowing the Indian conditions as they are, one
cannot expect these villagers to rush to the police station immediately
after the occurrence. Human nature as it is, the kith and kin who have
E witnessed the occurrence cannot be expected to act mechanically
with all the promptitude in giving the report to the police. At times
being grief-stricken because of the calamity it may not immediately
occur to them that they should give a report. After all it is but natural
in these circumstances for them to take some time to go the police
station for giving the report. Of course, in cases arising out of acute
F factions there is a tendency to implicate persons belonging to the
opposite faction falsely. In order to avert the danger of convicting
such innocent persons the Courts should be cautious to scrutinise the
evidence of such interested witnesses with greater care and caution
and separate grain from the chaff after subjecting the evidence to a
closer scrutiny and in doing so the contents of the FIR also will have I
G
to be scrutinised carefully. However, unless there are indications of
fabrication, the Court cannot reject the prosecution version as given
in the FIR and later substantiated by the evidence merely on the
ground of delay. These are all matters for appreciation and much
+
depends on the facts and circumstances of each case."
H
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR, J.] 765

In Zahoor and Ors. v. State of U.P., AIR (1991) SC 40, it was held that A
mere delay by itself is not enough to reject the prosecution case unless there
are clear indications of fabrication. This was reiterated in Ja111na and Ors. v.
State of Uttar Pradesh, AIR ( 1994) SC 79 (para 4) that delay by itself is not
a circu1nstance to doubt the prosecution case. In the present case the High
Cou11 did not at all take into consideration the fact that the first informant
Amar Singh and his three sons besides two others had received injuries and
B
they had first gone to Sangrur from their village on a tractor trolley and from
there to CMC, Ludhiana on taxies which is about 60 kilometers and further
that all the six injured had been admitted in the hospital where one of them
died next morning and another, namely, PW7, Bhan Singh had sustained
serious injuries which were dangerous to life and he had to be operated upon C
and in such circumstances he could not have left the hospital for going to PS
Sangrur for lodging the FIR. The High Court also failed to take into
consideration the fact that the FIR was lodged after PW 14 Sardara Singh,
S.I. of Police 'station Sangrur had come to the hospital and had recorded the
statement of Amar Singh after seeking opinion of the Doctor in writing and
thereafter, the said statement was sent through Constable Joga Singh to the D
Police Station Sangrur. We are, therefore, clearly of the opinion that in the
facts and circumstances of the case there was no delay in either lodging of
the FIR or in sending the Special Report to the CJM and the view to the
contrary taken by the High Court is absolutely incorrect.
E
The High Court has also held that the details about the occurrence were
not mentioned in the inquest report which showed that the investigating
officer was not sure of the facts when the inquest report was prepared and
this feature of the case carried weight in favour of the accused. We are
unable to accept this reasoning of the High Court. The provision for holding
of an inquest and preparing an inquest report is contained in Section 174 F
Cr.P.C. The heading of the Section is "Police to enquire and report on
suicide, etc." Sub-section (I) of this Section provides that when the officer
in charge of a police station or some other police officer specially empowered
by the State Government in that behalf receives information that a person has
committed suicide, or has been killed by another or by an animal or by
machinery or by an accident, or has died under circumstances raising a G
reasonable suspicion that some other person has committed an offence, he
t shall immediately give information to the nearest Executive Magistrate and
shall proceed to the place where the body of such deceased person is, and
there, in the presence of two or more respectable inhabitants of the
neighbourhood, shall make an investigation, and draw up a report of the H
766 SUPREME COURT REPORTS [2003) I S.C.R.

A apparent cause of death describing such wounds, fractures, bruises, and other
marks of injury as may be found on the body and stating in what manner,
or by what weapon or instrument (if any), such marks appear to have been
inflicted. The requirement of the section is that the police officer shall record
the apparent cause of death describing the wounds as may be found on the
body and also the weapon or instrument by which they appear to have been
1

B inflicted and this has to be dony in the presence of two or more respectable
inhabitants of the neighbourhoo(I. The Section does not contemplate that the
1
manner in which the incident to ok place or the names of the accused should
be mentioned in the inquest report. The basic purpose of holding an inquest
is to report regarding the apparent cause of death, namely whether it is
C suicidal, homicidal, accidental or by some machinery, etc. The scope and
purpose of Section 174 Cr.P.C. was explained by this Court in Podda
Narayana and Ors. v. State of Andhra Pradesh, AIR (1975) SC 1252 and it
will be useful to reproduce the same.

"The proceedings under Section 174 have a very limited scope.
D The object of the proceedings is merely to ascertain whether a person
has died under suspicious circumstances or an unnatural death and if
so what is the apparent cause of the death. The question regarding the
details as to how the deceased was assaulted or who assaulted him or
under what circumstances he was assaulted is foreign to the ambit
and scope of the proceedings under Section 174. Neither in practice
E nor in law was it necessary for the police to mention those details in
I
the inquest report.

lt is therefore not necessary to enter all the details of the overt
acts in the inquest report. Their omission is not sufficient to put the
prosecution out of Court."
F
In Khujji alias Surendra Tiwari v. State of Madhya Pradesh, AIR
( 1991) SC 1853 (para 8), this Court, after placing reliance upon the above
quoted decision, rejected the contention raised on behalf of the accused that
the evidence of eye-witnesses could not be relied upon as their names did not
G figure in the inquest report prepared at the earliest point of time. In Shakila
Khadar v. Nausher Gama and Anr. AIR (1975) SC 1324 (para 5), it was held
that an inquest under Section 174 Cr.P.C. is concerned with establishing the
cause of the death only. The High Court was, therefore, clearly in error in
holding that as the facts about the occurrence were not mentioned in the
inquest report, it would show that at least by the time the report was prepared
H the investigating officer was not sure of the facts of the case.
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR . .I.] 767

The third and the last reasoning given by the High Coun in acquitting A
the accused is that the investigation of the case was tainted and for coming
to this conclusion three circumstances have been taken into account. The first
circumstance is that PWl7 Om Prakash, Inspector, Police Station Sangrur did
not take into possession the wire gauze of the window of the Baithak of
Gurdial Singh from where A-I is alleged to have fired his gun. The second
circumstance is that the investigating officer did not send the fire arms and B
the empties recovered from the spot for comparison to the Forensic Science
Laboratory and the third is that in the Daily Diary Register (DDR), the names
of the witnesses, weapons of offence and the place of occurrence were not
mentioned.

Coming to the last point regarding certain omissions in the DDR, it has
c
come in evidence that on the basis of the statement of PW4 Amar Singh,
which was recorded by PWl4 Sardara Singh, S.I. in the hospital a formal FIR
was recorded at the Police Station at 9.20 p.m. In accordance with Section
155 Cr.P.C. the contents of the FIR were also entered in the DDR, which
contained the names of the witnesses, weapons of offence and place of D
occurrence and it was not very necessary to mention them separately all over
again. It is not the case of the defence that the names of the accused were
not mentioned in the DDR. We fail to understand as to how it was necessary
for the investigation officer to take in his possession the wire gauze of the
window from where A- I is alleged to have fired. The wire gauze had absolutely E
no bearing on the prosecution case and the investigating officer was not
supposed to cut and take out the same from the window where it was fixed.
It would have been cenainly better if the investigating agency had sent the
fire arms and the empties to the Forensic Science Laboratory for comparison.
However, the repon of the Ballistic Expen would in any case be in the nature
of an expert opinion and the same is not conclusive. The failure of the F
investigating officer in sending the fire arms and the empties for comparison
cannot completely throw out the prosecution case when the same is fully
established from the testimony of eye-witnesses whose presence on the spot
cannot be doubted as they all received gun shot injuries in the incident. In
Kamel Singh v. State of M.P., [1995] 5 SCC 518 it was held that in cases
of defective investigation the coun has to be circumspect in evaluating the G
.,evidence but it would not be right in acquitting an accused person solely on

+ account of the defect and to do so would tantamount to playing into the
hands of the investigating officer if the investigation is designedly defective.
In Paras Yadav and Ors. v. State of Bihar, [1999] 2 SCC 126 while
con1menting upon certain omissions of the investigating agency. it \Vas held H
768 SUPREME COURT REPORTS (2003] 1 S.C.R.

A that it may be that such lapse is committed designedly or because of negligence
and hence the prosecution evidence is required to be examined de hors such
omissions to find out whether the said evidence is reliable or not. Similar
view was taken in Ram Bihari Yadav v. State of Bihar, [l 998] 4 SCC 517
when this Court observed that in such cases the story of the prosecution will
have to be examined de hors such omissions and contaminated conduct of '
B the officials, otherwise, the mischief which was deliberately done would be
perpetuated and justice would be denied to the complainant party and this
"t-
would obviously shake the confidence of the people not merely in the law r-
enforcing agency but also in the administration of justice. In our opinion the
circumstances relied upon by the High Court in holding that the investigation
c was tainted are not of any substance on which such an inference could be
drawn and in a case like the present one where the prosecution case is fully
established by the direct testimony of the eye-witnesses, which is corroborated
by the medical evidence, any failure or omission of the investigating officer ~
cannot render the prosecution case doubtful or unworthy of belief.

D Another reason given by the High Court for acquitting the accused-
respondents is that two other injured witnesses, namely, Kashmira Singh and
Pritam Singh and one Ramesh, whose name was mentioned in the FIR, were
not examined. Shri Ashwani Kumar, learned senior counsel appearing for the
accused-respondents has vehemently urged that the purpose of a criminal
trial is not to support the pr.osecution theory but to investigate the offence
E and to determine the guilt or innocence of the accused and the duty of the
public prosecutor is to represent the administration of justice and therefore
the testimony of all the available eye witnesses should be before the Court
and in support of this contention he has placed reliance on State of V. P. and
Anr. v. Jaggo alias Jagdish and Ors., AIR (1971) SC 1586. It is true that the
F witnesses essential to the unfolding of the narrative on which the prosecution
is based must be called by the prosecution, whether ,effect of their testimony
is for or against the case of the prosecution. However, that does not mean
that everyone who has witnessed the occurrence, whatever their number be,
must be examined as a witness. The prosecution in the present case had
examined three eye-witnesses who were all injured witnesses. The mere fact ...
G that Kashmira Singh and Pritam Singh were not examined cannot lead to an
inference that the prosecution case was not correct. The aforesaid two witnesses
had been given up by the prosecutio_n on the ground that they had been won +
over by the accused. These two persons are not family members of the first _ ..
i11formant Amar Singh and it is quite likely that they did not want to get
H involved in any dispute between the first informant and his sons on the one
AMAR SINGH v. BAL WINDER SINGH [G.P. MATHUR. J.] 769
hand and the accused on the other hand as they had no interest in the land A
belonging to Jangir Dass Sadh which was being earlier cultivated by Gurdial
Singh, father of A-I and A-2 but had been taken an year earlier by the first
informant Amar Singh. The contention raised by learned counsel fails to take
notice of Section 134 of the Evidence Act which provides that no particular
number of witnesses shall in any case be required for the proof of any fact. B
A similar contention has been repelled by this Court in a very illustrating
judgment in Vaijivelu Thevar v. State of Madras, AIR (1957) SC 614 and it
will be useful to take note of para I I of the report, which reads as under :

" ........... The contention that in a murder case, the court should insist
upon plurality of witnesses, is much too broadly stated. The Indian C
Legislature has not insisted on laying down any such exceptions to
the general rule recognised in S.134, which by laying down that "no
particular number of witnesses shall, in any case, be required for the.
proof of any fact" has enshrined the well recognised maxim that
"Evidence has to be weighed and not"counted." It is not seldom that
a crime has been committed in the presence of only one witness, D
leaving aside those cases which are not of uncommon occurrence,
where determination of guilt depends entirely on circumstantial
evidence. If the Legislature were to insist upon plurality of witnesses,
cases where the testimony of a single witness only could be available
in proof of the crime, would go unpunished ........... "
E
The above quoted principle was laid reiterated in Ramratan and Ors.
v. State of Rajasthan, AIR (I 962) SC 424.

l'he prosecution having examined three eye-witnesses, in our opinion,
there was no necessity of multiplying the number of witnesses and no adverse
inference could be. drawn against the prosecution merely on the ground that F
Kashmira Singh or Pritam Singh were not examined. If the incident had not
taken place as suggested by the prosecution but had happened in a different
manner, there was no impediment in the way of the accused-respondents to
examine the aforesaid persons as defence witnesses, but they did not chose
m~m G
Having given our careful consideration to the submissions made by
+ learned counsel for the parties, we are of the opinion that the judgment and
order of the High Court is wholly perverse and illegal inasmuch as it
completely failed to consider the testimony of the eye-witnesses and the
reasons given for discarding the prosecution case are also unsustainable in ·H
770 SUPREME COURT REPORTS [2003) I S.C.R.

A law.

In the result, the appeal succeeds and is hereby allowed. The judgment
and orde,r date~ 26.9.1991 of the High Court is set aside and that of the
learn ~d AdditiJnal Sessions Judge, Sangrur is restored. The accused- ('

respondents shall surrender forthwith to undergo the sentences imposed upon
B them by the learned Additional Sessions Judge. The Chief Judicial Magistrate,
Sangrur shall taWe immediate steps to take the accused-respondents in custody
and for realisation of fine.

N.J. Appeal allowed.

+