Holding

A supplementary statement recorded during investigation is barred by Section 162 CrPC and cannot be treated as part of the FIR; consequently Rupa was acquitted, while the convictions of Husna and Jalour Singh were upheld.

Summary

The case involved three brothers—Husna, Rupa and Jalour Singh—accused of house trespass, murder of Salish Kumar and illegal possession of arms. The FIR did not name the accused; they were later identified in a supplementary statement recorded by police during investigation. The Supreme Court held that such a supplementary statement is covered by Section 162 of the CrPC and cannot be treated as part of the FIR for evidentiary purposes. It found that the prosecution failed to prove Rupa’s participation beyond reasonable doubt and acquitted him on the benefit of doubt doctrine. The Court upheld Husna’s conviction for murder, attempt to cause death and the Arms Act, relying on corroborative medical and ballistic evidence. Jalour Singh’s conviction under the Arms Act was also affirmed.

Issues considered

Whether a supplementary statement recorded during investigation, naming the accused, is admissible under Section 162 of the CrPC and can be treated as part of the FIR.
Whether the prosecution established the case against Rupa beyond reasonable doubt.
Whether the convictions of Husna under Sections 302, 34, 449 IPC and Section 25 Arms Act are sustainable.
Whether the conviction of Jalour Singh under Section 25 of the Arms Act is sustainable.

Legislation cited

Arms Act, 1959s. 25
Code of Criminal Procedure, 1973s. 162
Indian Penal Code, 1860s. 302, s. 34, s. 449

Subjects

criminal lawmurdersupplementary statementSection 162 CrPCevidencebenefit of doubtballistic evidenceArms Actconvictionacquittal

Judgment

A HUSNA AND ORS.
v.
STATE OF PUNJAB

JANUARY 23, 1996

B (DR. AS. ANAND AND G.T. NANAVATI, JJ.]

Code of Criminal Procedure, 1973 :

S.162'-Statements to police-Admissibility of-Accused not named in
C F.J.R.-Supplementary statement of complainant naming accused recorded
during investigation-Held, is hit by s.162 and cannot be relied upon as a part
of F.I.R.

Indian Penal Code, 1860 :

D Ss.302, 302134, 44(}-Accused committing house trespass-One of In-
truders shot dead son of complainant:-Accused not named in F.I.R. but
complainant named them in a supplementary statement recorded by police
dwing investigation-Trial Court convicting the accused who fired the shot,
under Ss.302, 449 !PC and 25 Anns Act-Other accused convicted under
Ss.302/34-Conviction and sentence of fonner upheld but that of latter set
E aside giving him benefit of doubt-Trial Court should not have relied upon
supplementary statement as a part of F.LR. as the same was hit by S.162
Cr.P.C.

Anns Act, 1959 :

F S.25-Evidence of investigating officer regarding recove1y of pistol from
accused remained unchallenged in cross-examination-Also supported by
recovery memos-Conviction and sentence awarded by trial court upheld.

Accused "H" "R" and "J" were tried by the Special Court for offence
G punishable under Ss.302/34 and 449 I.P.C. and s.25 of the Arms Act. The
prosecution case was that at about 9 P.M. on 28.4.1984 two persons with
their faces muffied and. armed with pistols committed criminal trespass
into the house of PW. 1, who raised an alarm and snatched away the p!stol
from one of the intruders. Meanwhile the son of PW. 1 joined him and in
the scuffie the face of one of the intruders get unmuffied. At the exhortation
H of accused 'R', accused 'H' shot dead the son of PW. I. Therenpon both the
856
I
I_ HUSNAv. STATE 857

assailants rushed out of the house where accused 'J' armed with a pistol A
was waiting. All the three then ran away. PW. 1 accompanied by the Sar-
panch of the Village went to the police station and lodged the report on the
basis of which the F.I.R. was recorded and investigation commenced. Since
names of assailants were not disclosed in the F.I.R., during the investiga-
tion a supplementary statement of PW. 1 was recorded in which he named
the accused. The report of the ballistic expert indicated that the empty
B
recovered from the spot was fired from the pistol recovered from accused
'H'. The autopsy report indicated that the deceased had died as a result of
the gunshot injury.

The trial court convicted accused 'H' of the offences punishable C
under ss302 and 449, !PC. and s.25 of the Arms Act. Accused 'R' was
convicted under Ss302/34 and 449 !PC. Both of them were sentenced to life
imprisonment. Accused 'J' was convicted and sentenced under s.25 of the
Arms Act. All the three accused filed the present appeal.

Allowing the appeal of accused 'R' and dismissing that of the other D
two accused, this Court

HELD : 1. The supplementary statement of PW. 1 recorded during
the investigation, in which the appellants were named, was hit by s.162 Cr.
P.C. and the trial court could not have relied upon or treated the same as
a part of the F.I.R. E

2.1. The prosecution has not been able to satisfactorily establish the
case against appellant 'R' beyond a reasonable doubt. No overt act has been
ascribed to him during the entire occurrence. His presence at the time of
occurrence has not been satisfactorily proved. All the three appellants are
brothers and the possibility that appellant 'R' was named being brother or
F
appellant 'H' cannot be ruled out. He is given benefit of doubt and is
acquitted of all the charges. [860-F, H, 861-A)

-2.2. The statement of PW. 1 that appellant 'H' fired the shot at the
deceased inspires confidence and receives ample corroboration from the G
medical evidence as well as from the report of the ballistic expert. The
~- empties had been sent to ballistic expert much before appellant 'H' was
arrested and the weapon recovered from him. [861-C)

The ballistic expert opined that the empties had been fired from the
weapon sent to him after arrest of appellant 'H'. The evidence on record H
858 SUPREME COURT REPORTS (1996] 1 S.C.R.
(
I.

A has thus brought home the charge against appellant 'ff' beyond every
reasonable doubt and his conviction and sentence recorded by the trial
court call for no interference. [861-D]
4
2.3. The conviction and sentence of appellant 'J' for the offence uuder
s.25 of the Arms Act is well merited and there is no reason to interfere
B with the same. The evidence of the investigating officer regarding the
recovery of pistol from appellant 'J' at the time of his arrest has remained
unchallenged in the cross-examination, and is supported by the recovery
memos also. [860-E-D]

C CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
212 of 1986.

From the Judgment and Order dated 18.4.85 of the Special Court at
Ferozepur in Case No. 194/84 Trial No. 48 of 1985 & F.I.R. No. 96 of 1984.

S.K. Dhingra for the Appellant.
D
1
Ranbir Yadav and R.S. Suri for the Respondent

The Judgment of the Court was delivered by

DR. ANAND, J. The appellants were tried for offences under Section
E 302 /34 and 449 !PC by the learned Judge of the Special Court. Appellants
Husna and J alour Singh were also tried for an offence under Section 25 of
the Arms Act. Vide Judgment dated 18.4.1985, the trial court convicted
appellant Husna for an offence under Section 302 _!PC and sentenced him ..t
to life imprisonment. He was also convicted for an offence under Section '
449 !PC and sentenced to undergo seven years R.I. and for the offence
F under Section 25 of the Arms Act to nine months R.I. Appellant Rupa was
convicted for an offence under Section 302/34 !PC and sentenced to life
imprisonment. He was also convicted for an offence under Section 449 !PC
and sentenced to undergo seven years R.I. Jalour Singh appellant was
acquitted of the charges under Section 302/34 !PC and 449 !PC but
G convicted for the offence under Section 25 of the Arms Act and sentenced
to undergo nine months R.I. Through this statutory appeal, the appellants
have called in question their conviction and sentence. Since the appeal was ,,.}·

received from jail, an amicus curiae was appointed for the appellants.

H
According to the prosecution case on 28th April 1984 Sadhu Ram
PW 1 was present at his house at about 9 p.m. along with his wife Kaushlya
-
HUSNA v. STATE [DR. ANAND, J.] 859

PW 4, Salish Kumar (deceased) and other children. Two persons com- A
mitted criminal trespass into the house with their faces muffled armed with
pistols. Sadhu Ram PW 1 raised an alarm and snatched away the pistol
from one of the two intruders. During the scuffle, the face of one of the
intruders got unmuffled. Satish Kumar, deceased, came to the help of his
father. At the exhortation of appellant Rupa, Husna appellant fired a shot
which hit Satish Kumar on his face and he fell down. Both Rupa and Husna
B
ran out of the house where J alour Singh armed with a pistol was already
waiting. All the three accused then ran away. Sadhu Ram PW 1 went near
Satish Kumar and found him dead. Accompanied Sham Lal and Malkiat
Singh, Sarpanch of the village, Sadhu Ram PW 1 went to police station to
lodge a report. Formal FIR Ex. Pl was recorded on the basis of that report.c
Investigation was taken in hand and the investigation officer reached the
house of PW 1. Smt. Kushlya PW 4, the mother of deceased Salish Kumar
was sitting near the dead body alongwith some other members of the family
and interrogated. She became hysterical and could not give any clue or
details of the occurrence. An inquest report was prepared and the dead
body sent for post mortem examination. An empty cartridge of 315 bore D
was taken into possession from the spot, vide recovery memo Ex. PS. It was
sealed into a parcel. A blood stained brick was also taken i•to possession
vide memo Ex. P6. Later on two more empty cartridges of 315 bore and
one empty cartridge of 32 bore were also recovered and taken into posses-
sion vide memo Ex. P7. The post mortem on the dead body was performed E
by Dr. Anup Sood PW 7, which revealed the presence of an ante-mortem
lacerated punctured wound with inverted margins on the left side of the
face. Death of Salish Kumar according to the doctor was caused due to
t shock and haemorrohage as a result of the aforesaid injury which was
opined by him to be sufficient in the ordinary course of nature to cause
death. Since, no names of the assailants had been disclosed in the FIR, F
during the investigation a supplementary statement of PW 1 was recorded
in which he gave the names of the accused. Appellant Husna and Jalour
Singh were arrested on June 3, 1984 and weapons recovered from them.
Rupa appellant stood already arrested in some other case and was formally
shown as arrested in the present case on June 12, 1984. The empties G
recovered from the spot and the pistol recovered from Husna appellant
were sent to the Director, Forensic Science Laboratory, Chandigarh who
vide his report Ex. P18 opined that the empty recovered from the spot was
found to have been fired from the pistol of Husna appellant. The prosecu-
tion with a view to connect the appellants with the crime examined Sadhu
Ram PW 1 besides Jit Singh PW 2, draftsman PW 5, investigating officer H
860 SUPREME COURT REPORTS (1996) 1 S.C.R.

A PW 6 and Dr. Anup Sood PW 7. Avtar Singh PW 3 and Smt. Kaushalaya
PW 4 were also tendered for cross-examination. The prosecution also filed
the affidavits of police officials, whose evidence was of a formal nature at
the trial. In their statements recorded under Section 313 Cr. P.C., the
appellants denied the prosecution allegations against them and pleaded
false implication.
B
We have heard learned counsel for the parties and examined the
record. •

The trial court acquitted Jalour Singh appellant of the charges under
C Sections 302/34 !PC and 449 !PC and the State has not filed any appeal
against his acquittal. So far as the recovery of the pistol from him at the
time of his arrest is concerned, the evidence of the investigating officer has
remained unchallenged on that aspect of the case in the cross-examination.
The statement of the investigating officer is supported by the recovery
D memos also. Learned Counce! for the appellant was unable to pointed out
any infirmity in the order of the trial court convicting Jalour Singh for an
offence under Section 25 Arms Act. In our opinion, the conviction and
sentence of the appellant J alour Singh for the offence under Section 25 of
the Arms Act is well merited and we do not find any reason to interfere
with the same.
E
Coming now to the case of appellants, Husna and Rupa.

As already noticed, in the FIR the names of both the appellants were
found missing. They were only named in the supplementary statement of
F PW 1 recorded during the investigation and in our opinion that statement,
which was recorded during the investigation was hit by Section 162 Cr. P.C.
and the trial court could not have relied upon the same as a part of the
FIR. All the three appellants are brothers. No overt act has been ascribed
to Rupa appellant during the entire occurrence. It seems rather improbable
that if PW 1 had allegedly snatched away a pistol from Rupa appellant
G before Husna fired a shot at Satish Kumar, he would not have fired the
same to prevent Husna from firing the shot. Besides no empty recovered
from the spot has been connected by the ballistic expert with the pistol
allegedly recovered from Rupa appellant. After carefully analysing the
evidence on the record, we are of the opinion that the prosecution has not
H been able to satisfactorily establish the case against appellant Rupa beyond
\
HUSNAv. STATE [DR. ANAND,J.] 861

a reasonable doubt. The possibility that he was named being the brothers A
of Husna cannot be ruled out. His presence at the time of occurrence has
not been satisfactorily proved. His conviction and sentence for the various
offences as recorded by the trial court therefore cannot be sustained.

That Salish Kumar died as a result of a fire arm injury, as found by
Dr. Anup Sood PW 7, admits of no doubt. It was neither questioned in the B
trial court nor even before this court. The statement of PW 1 to the effect
that it was Husna appellant who had fired the shot at Salish Kumar inspires
confidence and receives ample corroboration both from the medical
evidence as well as the report of the ballistic expert, who found the empties,
recovered from the spot to have been fired from the weapon recovered C
from Husna appellant. Since, the empties had been sent to the ballistic
expert much before Husna appellant was arrested and the weapon
recovered from him, there is underlying assurance of the correctness of the
prosecution case against him since the ballistic expert opined that the
empties which had already been received by him had been fired from the
weapon sent to him after the arrest of Husna, appellant. The evidence on D
the record has, thus brought home the charge to appellant Husna beyond
every reasonable doubt and his conviction and sentence for the various
offences as recorded by the trial court is well merited and calls for no
interference.
E
As a result of the above discussion, the appeals of Husna and J alour
Singh appellants are dismissed. The appeal of Rupa appellant is allowed
t and giving him the benefit of the doubt, he is acquitted of all the charges.
He shall be released from custody forthwith if not required in any other
case.
F
R.P. Appeal of accused 'R' allowed and
appeal of the other two accused dismissed.