Holding

The evidence did not establish that A‑1 caused the death nor that A‑2 was identified or participated, so convictions under s.304 Part‑II were set aside, with only A‑1’s conviction under s.323 upheld with a fine.

Summary

In 1988 a road‑rage incident in Patiala resulted in the death of Gurnam Singh after alleged fist blows by Navjot Singh Sidhu (A‑1). Rupinder Singh Sandhu (A‑2) was also alleged to have been present. The Sessions Court acquitted both accused; the Punjab & Haryana High Court reversed the acquittal, convicting them under IPC s.304 Part‑II read with s.34 and, for A‑2, also under s.323. The Supreme Court examined the medical evidence and found the cause of death uncertain, concluding that the single fist blow did not causally link to death. It also held that A‑2 was never positively identified nor proved to have shared a common intention. Consequently, the convictions under s.304 Part‑II were set aside, A‑1 was convicted only for voluntarily causing hurt under s.323 with a fine of Rs 1,000, and A‑2 was acquitted. The appeals of the accused were allowed and the complainant’s appeal dismissed.

Issues considered

The prosecution must prove beyond reasonable doubt that A‑1 caused the death of Gurnam Singh, satisfying the elements of culpable homicide not amounting to murder under s.304 Part‑II IPC.
Whether the medical evidence establishes subdural haemorrhage as the cause of death attributable to A‑1’s blow.
Whether A‑2 was positively identified and participated in the incident, thereby sharing a common intention under s.34 IPC.
Whether the conviction of A‑1 under s.323 IPC for voluntarily causing hurt is sustainable.
Whether the conviction of A‑2 under s.304 Part‑II IPC read with s.34 is sustainable.

Legislation cited

Code of Criminal Procedure, 1973s. 173, s. 174, s. 319
Indian Penal Code, 1860s. 299, s. 304 Part-II, s. 323, s. 34

Subjects

culpable homicidesubdural haemorrhagemedical evidenceeyewitness testimonyidentification paradecommon intentionSection 34 IPCSection 304 IPCSection 323 IPCforensic pathologyacquittalconviction reversal

Judgment

[2018] 6 S.C.R. 479 479

RUPINDER SINGH SANDHU A
v.
STATE OF PUNJAB & OTHERS
(Criminal Appeal No.58 of 2007)
MAY 15, 2018 B
[J. CHELAMESWAR AND SANJAY KISHAN KAUL, JJ.]
Penal Code, 1860 – ss.299 and 304 Part-II r/w. s.34 –
Conviction under – Propriety of – PW3 & PW4 were travelling in a
Maruti Car driven by ‘GS’ – Dispute arose on the right of way
C
between the accused persons (A-1 and A-2) and ‘GS’ – Allegedly,
A-1 pulled ‘GS’ out of the vehicle and inflicted fist blows whereafter,
he died while being taken to hospital – FIR registered u/ss.304/34
against A1 and un-named second accused – Trial court acquitted
both the accused – High Court reversed the acquittal – Held: Medical
evidence is absolutely uncertain regarding the cause of death of D
the deceased – The only fact established on evidence is that A-1
gave a single fist blow on the head of the deceased – No weapon
was used, nor was there any past enmity between the accused and
the deceased – There is no evidence of any concomitant brain injury
– Post-mortem report is silent in this regard – Pathologist’s report is
E
clear about the absence of any pathology in brain, however, he
noticed a large number of abnormalities in the condition of the
heart of the deceased – Such being the evidence on record,
conclusion of High Court that death of deceased was caused by
subdural hemorrhage but not cardiac arrest is not based on any
evidence on record and is a pure conjecture – A-1 cannot be held F
to be responsible for causing the death of the deceased – Further,
as far as A2 is considered, the FIR mentioned the name of only A1
and the second participant in the incident was said to be a “clean
shaven man” and it did not mention that the clean shaven man either
attacked or inflicted any injury on the body of the deceased – No
G
material on record to indicate the basis on which the prosecution
came to the conclusion that A-2 was that clean shaven man –
Nothing on record to prove that he attacked the deceased or that he
shared a common intention with A-1 to commit the offence of culpable
homicide not amounting to murder– It is not safe to convict A-2 on
H
479
480 SUPREME COURT REPORTS [2018] 6 S.C.R.

A the basis of the evidence of PWs 3 and 4, recorded some 7 years
after the incident – Judgment of High Court insofar as A2 is
concerned, is also set aside – Code of Criminal Procedure, 1973 –
ss.173 and 319.
Evidence – Related witnesses – Appreciation of.
B Allowing the appeals of the accused and dismissing that of
the complainant, the Court
HELD: 1.1 In the entire judgment of the High Court, there
are only two sentences which mention the name of the second
accused. There is no discussion in the judgment of the High Court
C as to at what point of time during the course of investigation,
A-2 was identified to be the other clean shaven person travelling
with A-1 on the fateful day and what was the evidence on the
basis of which the prosecution reached such conclusion except
the statements (made after 7 years after the event) of PW-3 and
D PW-4 made at the time of the trial. It is unfortunate that the High
Court thought it fit to reverse the acquittal recorded by the
Sessions Court and to convict A-2 for an offence under Section
304 Part II read with Section 34 IPC on the basis of such frivolous
analysis. [Para 29] [494-D-E]

E 1.2 The FIR mentioned the name of only A1 and the second
participant in the incident was said to be a “clean shaven man”.
The FIR does not mention that the clean shaven man either
attacked or inflicted any injury on the body of the deceased. It
only mentioned that he inflicted fist blows on PW3. The material
on record is absolutely bereft of the information regarding the
F fact as to at which point of time A-2 was identified to be that
‘clean shaven man’ who participated in the incident along with A-
1 by the investigating agency. Nor is there any material on record
to indicate the basis on which the prosecution came to the
conclusion that A-2 was that clean shaven man. PW3 and PW4
G were examined at the time of inquest over the dead body of the
deceased, which took place according to the prosecution at 3.30
p.m. on the date of occurrence. Even those statements of PW3
and PW4 do not mention the name or identifiable description of
A-2. Admittedly, at no point of time a test identification parade
was held to establish the identity of the clean shaven man to be
H A-2. [Para 30] [495-B-D]
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 481

1.3 From the analysis of the above material, the following A
conclusions emerge:
(i) Neither PW3 nor PW4 knew the second accused prior
to the date of the offence;
(ii) Even on the date of the offence they did not know his
name or other particulars which could lead to his B
identification;
(iii) The prosecution did not bring on record any material to
establish as to how they came to the conclusion that the
person accompanying the first accused is (A-2);
(iv) The only evidence to connect A-2 with the crime is the C
statements of PWs 3 and 4 made at the time of the trial
(some 7 years after the incident) that A-1 was the other
person accompanying A-1 on the fateful day;
(v) There is nothing either in the deposition of PW3 or
PW4 that A2 ever attacked the deceased; and D
(vi) There is no other evidence on record to show that A-2
attacked the deceased.
In the impugned judgment of the High Court, there is no
discussion regarding the identity of A-2 or the role played by him
in the incident. Without any discussion whatsoever regarding the E
evidence either to prove the presence of A-2 along with A-1 at
the time of the occurrence or the role played by A-2 in the incident
insofar as it pertained to the death of the deceased, the High
Court chose to record a finding of guilt against A-2 under Section
304 Part-II read with Section 34 IPC. [Para 31] [496-B-H;
497-A-C] F
1.4 The High Court abruptly recorded a conclusion that
A-2 is guilty of an offence of Section 304 Part-II read with Section
34 IPC. Such a conclusion is wholly unsustainable. The conclusion
of the High Court that A-2 is also guilty of the offence under
Section 323 IPC is equally unsustainable in view of the discussion G
above, especially in view of the fact that there is no trustworthy
evidence regarding his presence along with A-1 at the time of
the offence. It is not safe to convict A-2 on the basis of the evidence
of PWs 3 and 4. Therefore, the Judgment of the High Court
insofar as A2 is concerned is set aside. [Para 32] [497-E, G]
H
482 SUPREME COURT REPORTS [2018] 6 S.C.R.

A 2.1 To hold A-1 guilty of causing the death of the deceased,
it must be proved that (i) he inflicted fist blows on the deceased
as alleged by the prosecution; and (ii) the injuries resulting from
the fist blows caused the death of the deceased. [Para 34]
[498-C]
B 2.2 In order to establish the fact that A-1 inflicted fist blows
on the deceased, prosecution relied upon the evidence of PWs 3
and 4 who claimed that they were travelling along with the
deceased at the time of the occurrence in the car driven by the
deceased and, therefore, witnessed the occurrence. The Sessions
Court disbelieved the evidence of PWs 3 and 4 principally on
C two grounds, firstly that the evidence of PW3 and PW4 was not
consistent and kept varying from time to time and secondly, the
medical evidence does not corroborate the testimonies of PWs 3
and 4. On the other hand, the High Court disagreed with the
conclusion of the Sessions Court regarding the trustworthiness
D of the evidence of PWs 3 and 4. [Para 35] [498-D-E]
2.3 The fact that PWs 3 and 4 are related to the deceased
the deceased is not in dispute. The existence of such relationship
by itself does not render the evidence of PWs 3 and 4
untrustworthy. Supreme Court has repeatedly held so and also
E held that the related witnesses are less likely to implicate innocent
persons exonerating the real culprits. [Para 38] [499-D]
2.4 PWs 3 and 4 in their evidence before the Sessions
Court stated that they travelled with the deceased on the fateful
day in a Maruti car driven by the deceased. Both of them stated
F that there was an altercation between A-1 and the deceased
regarding the right of way which resulted in the 1st accused giving
fist blows to the deceased. They did not make any allegation in
their evidence that A-2 attacked the deceased. Their version is
that when they tried to intervene to rescue the deceased, the 2nd
accused attacked PW-3 by giving fist blows. Though, it is the
G evidence of PWs 3 and 4 that A-1 inflicted fist blows onthe
deceased, the post-mortem report indicates only two external
injuries– one on the temporal region and another on the left knee
of the deceased – both are abrasions. The 2nd injury, i.e. abrasion
on the knee, according to PW-2 could be the result of the fall.
H Notwithstanding the narration of PWs 3 and 4 that A-1 inflicted
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 483

fist blows (multiple blows), it is most unlikely that a person would A
simultaneously aim at the head and also the knees of the victim
while giving fist blows. Of course, it is possible that A-1 delivered
more than one fist blow but only one of them landed on the head
of the deceased and the others missed the target. Thus, A-1
inflicted a single injury on the head of the deceased and one can
B
safely conclude that the 2nd injury on the knee of the deceased
occurred due to a fall at any road. It is not the suggestion of the
prosecution that the deceased died of the injury on his knee.
The injury on the head of the deceased is an abrasion admeasuring
0.75 cm x 0.5 cm over the left temporal region at the junction of
upper part of pinna. There is a corresponding subdural C
hemorrhage present over the left temporal region of the deceased.
[Paras 44, 45] [502-F-H; 503-A-C]
2.5 PW-2 (the Doctor) in the post-mortem report did not
give any opinion regarding the cause of the death of the deceased.
It is significant to note that PW2 was of the opinion that the injuries D
were ante-mortem in nature and caused by a blunt weapon. The
pathologist gave a report wherein noticed a large number of
abnormalities in the condition of the heart of the deceased. Insofar
as the brain is concerned, the pathologist did not notice any
pathology either on the gross or microscopic examination. On
receipt of the pathology report, PW-2 opined that it is necessary E
to obtain a further opinion of forensic expert. He, therefore,
wrote to the Civil Surgeon, Patiala requesting that the case be
referred to forensic expert, Government Medical College, Patiala.
The Principal, Government Medical College, Patiala constituted
a Board consisting of 6 members of whom two were examined as F
PWs 1 and 2 in the trial of the case. PW-1 was designated as the
Convener of the said Medical Board. PW-1 gave a very cryptic
opinion (Ex.PA). [Paras 46-48] [503-D, E-F; 504-A-D]
2.6 PW2, who conducted the post-mortem, did not identify
the cause of death of the deceased. He only forwarded the opinion G
of the Medical Board to the Police. On the face of the above
evidence, the High Court came to the conclusion that it is the
subdural hemorrhage which caused the death of the deceased
and not cardiac arrest. As rightly pointed out by the accused,
there is no basis in the evidence on record for such a conclusion.
H
484 SUPREME COURT REPORTS [2018] 6 S.C.R.

A When Exhibit PA says that death in the case is “attributed to the
effects of head injury and cardiac condition”, to conclude that the
cause of death is only hemorrhage and not cardiac arrest is
contrary to the evidence on record. On the other hand it must be
remembered the pathologist reported that he did not notice any
pathology on the brain either on “gross or microscopic
B
examination”. PW-2, who conducted the post-mortem
examination, did not give any description of the hemorrhage
except to state that subdural hemorrhage existed in the parietal
region. He admitted in the cross examination that he did not
mention the magnitude or size of the hemorrhage. [Paras 53, 54]
C [506-B, D, E-F]
2.7 PW-1 is also the author of a textbook on Forensic
Medicine and Toxicology. From the statement in the book, it can
be noticed from the above statement – (i) subdural hemorrhage
by itself does not cause death but it is the compression of brain
D caused by a large subdural hemorrhage which causes the death;
and (ii) about 100-150 ml of hemorrhage is usually the minimum
associated with fatalities. The statements made in (Ex PA) and
the evidence of PW1 that the head injury itself could be sufficient
to cause the death in the ordinary course of nature are mere ipse
dixit. Neither any specific details regarding the volume of the
E subdural hemorrhage are available on record, nor any medical
opinion that the subdural hemorrhage caused the compression
of the brain that caused the death of the deceased. There is no
evidence of any concomitant brain injury. The post-mortem report
and the evidence of PW2 are silent in this regard. The
F pathologist’s report is clear about the absence of any pathology
in brain. Such being the evidence on record, the conclusion of
the High Court that the deceased’s death is caused by subdural
hemorrhage but not cardiac arrest is not based on any evidence
on record and is a pure conjecture. It difficult to sustain the
conviction of the first accused and the same is set-aside. Because
G to find a man guilty of culpable homicide, the basic fact required
to be established is that the accused caused the death. But, as
noticed above, the medical evidence is absolutely uncertain
regarding the cause of death of the deceased. [Paras 55, 56]
[507-A-G]
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 485

2.8 The only fact established on evidence is that A-1 gave A
a single fist blow on the head of the deceased the deceased. No
weapon was used, nor was there any past enmity between the
accused and the deceased. It all started with a dispute regarding
the right of way resulting in a brawl between them, a very common
sight in this country. Apparently, some verbal exchange took
B
place between the accused and the deceased. It is not clear from
the record as to what exactly are the words spoken by them except
a vague indication that some intemperate language was employed
by both of them, nor is it clear who initiated the exchange.
[Paras 57, 58] [508-A-B]
2.9 The first accused cannot be held to be responsible for C
causing the death of the deceased. Therefore, the judgment under
appeal is required to be set aside and is accordingly set aside.
The material on record leads to the only possible conclusion that
the first accused voluntarily caused hurt to the deceased
punishable under Section 323 IPC. [Para 63] [509-D-E] D
2.10 Section 323 IPC stipulates a punishment of
imprisonment of either description for a term which may extend
to one year or with fine which may extend to Rs.1000/- or with
both. In the circumstances of the case having regard to the facts
that (i) the incident is 30 years old; (ii) there is no past enmity E
between the accused and the deceased; (iii) no weapon was used
by the accused; and (iv) the background in which it happened, a
punishment of imposition of fine of Rs.1000/- would meet the
ends of justice in this case. [Para 64] [509-F]
Mohan Singh and Another v. State of Punjab F
AIR 1963 SC 174 : [1962] Suppl. SCR 848 ; Rizan v.
State of Chhattisgarh (2003) 2 SCC 661 : [2003] 1 SCR
457 ; Dalip Singh v. State of Punjab AIR 1953 SC
364 : [1954] SCR 145 – referred to.
Textbook of Forensic Medicine & Toxicology - G
Principles & Practice, 6 th Edition, Krishan Vij,
Elsevier; Smith J.C. & Hogan Brian, The Elements of
a Crime in Criminal Law 5th Edition, ELBS 1983 –
referred to.

H
486 SUPREME COURT REPORTS [2018] 6 S.C.R.

A Case Law Reference
[1962] Suppl. SCR 848 referred to Para 21
[2003] 1 SCR 457 referred to Para 38
[1954] SCR 145 referred to Para 38
B CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 58 of 2007.
From the Judgment and Orders dated 01.12.2006 and 06.12.2006
of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal
No. 645-DBA of 2000 and Crl. Misc. No. 185-MA of 2000
C
WITH
Criminal Appeal Nos. 60 and 59 of 2007.
R. Basant, R. S. Cheema, Rajnit Kumar, Siddharth Luthra, Nidhesh
Gupta, Sr. Advs., Ms. Tarannum Cheema, A. Karthik, Sudarshan Singh
D Rawat, Ms. Hiral Gupta, Ms. Smrithi Suresh, Ms. Pooja Tiwari, Sudarshan
Singh Rawat, Sudhir Walia Ms. Niharika Alhuwalia, Nitin Saluja, Abhishek
Atrey, Kumar Vaibhav, Ms. Ananttika Singh, Sudhir Walia, Sangram S.
Saron, Benant Noor Singh, Ms. Jaspreet Gogia, Vriti Gujral, Puneet
Varshney, Ms. Roopam Rai, Shubham Bhalla, Ms. Jyoti Mendiratta, Advs.
for the appearing parties.
E
The Judgment of the Court was delivered by
CHELAMESWAR, J. 1. Around 1.45 pm on 27.12.1988, First
Information Report No.244 came to be registered by Sub-Inspector Kaka
Singh (PW5) of Police Station “Kotwali” of Patiala District of the State
F of Punjab on the basis of information given by one Shri Jaswinder Singh
(PW3). From the narration in the FIR, it appears that the incident which
eventually culminated in the death of Gurnam Singh could have simply
passed off as yet another incident of road rage but for the death of
Gurnam Singh. According to the FIR, around 12.30 p.m., an incident
occurred at the traffic light of Battian Wala Chowk in front of the State
G Bank of Patiala, Patiala City. Jaswinder Singh (PW3), Avtar Singh (PW4)
and the deceased Gurnam Singh were travelling in Maruti Car No.CH I
8422 driven by the deceased. Both the accused herein were travelling
by vehicle No.PAD 6030. A dispute arose on the right of way between
the accused and the deceased. In the process the first accused who is
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 487
[CHELAMESWAR, J.]

a cricketer of some fame got out of his vehicle, pulled the deceased out A
of his vehicle and inflicted fist blows. When PW3 tried to intervene, the
second1 accused herein got out of the vehicle and gave fist blows to
PW3. Thereafter, they removed the keys of the car of the deceased
and fled away from the scene of occurrence. PW3 and PW4 took
Gurnam Singh who was “in a state of unconsciousness” by a rickshaw
B
to a hospital, known as Rajendra Hospital where the doctors announced
that Gurnam Singh was dead.
2. Thereafter, PW3 went to the police station (leaving PW4 in the
hospital) and lodged the FIR.
3. Case was registered under Sections 304/34 of the Indian Penal C
Code, 1860 (hereafter referred to as “IPC”) against the first accused
and un-named second accused.
4. Around 3’O Clock, PW5 reached Rajendra Hospital along with
PW3. PW5 prepared the inquest report, which was attested by PW3
and PW4. The dead body of Gurnam Singh was sent for post-mortem D
examination. At about 3.30 p.m., PW3 to PW5 went to the scene of
occurrence where PW5 prepared rough site plan. At 4.30 p.m., post-
mortem examination over the dead body was conducted by PW2. A
copy of the FIR was received by the concerned Magistrate admittedly
around 5.30 p.m.
E
5. PW2 Dr. Jatinder Kumar Sadana, who conducted the post-
mortem examination, recorded two external and one internal injuries:
1) 0.75 cm x 0.5 cm abrasion present over left temporal region at
the injunction of upper part of pinna.
2) 0.5 cm x 0.5 cm abrasion over the front of left knee, and F
Subdural hemorrhage present over the left temporal region.
PW2 recorded that the injuries are ante-mortem in nature and
caused by ‘blunt weapon’. He opined that the cause of death of Gurnam
Singh could be given only after receiving the report of the pathologist.
The pathologist’s report dated 09.01.1989 was received in due course G
by PW2. Inspite of the pathologist’s report, PW2 was not able to give
any definite opinion regarding the cause of death of Gurnam Singh. He,
1
It must be mentioned here that though the FIR clearly mentioned the name of first
accused, the name of second accused was not mentioned. He was only described as a
clean shaven man. H
488 SUPREME COURT REPORTS [2018] 6 S.C.R.

A therefore, addressed a letter dated 11.1.1989 to the Civil Surgeon, Patiala
requesting him to refer the case to the Forensic Expert of Government
Medical College, Patiala. In response to the said request, a Medical
Board comprising six members, which included PW1 Dr. Krishan Vij
and PW2, came to be constituted by an office order dated 13.01.1989 of
Principal, Government Medical College, Patiala. PW1 was described
B
therein to be Convener of the Board.
6. Thereafter, some correspondence took place between SHO
Police Station “Kotwali” and PW2. The SHO made an attempt to secure
a more precise medical opinion regarding the cause of death of Gurnam
Singh. PW2 declined to give any further opinion maintaining that
C “regarding the opinion whether the injury could be because of fist blow,
any such clarification would be given in the Court.”
7. In the background of the abovementioned facts, a final report
(charge-sheet) under Section 173 of the Code of Criminal Procedure,
1973 (hereafter referred to as “CrPC”) dated 06.03.1989 came to be
D filed on 14.07.1989, (i.e. 4 months after its preparation) under Section
304 IPC, only against the second accused exonerating the first accused.
On 13 October 1989, the case was committed to Sessions Court, Patiala
by Additional Chief Judicial Magistrate, Patiala resulting in the registration
of Sessions Case No.79/89. A charge against A2 under Section 304
E Part-I IPC was framed on 25.09.1990 in Sessions Case No.79. During
the course of the trial, the Sessions Court after recording the evidence
of PW3 thought it fit by its order dated 30.08.1993 to summon the first
accused also to stand trial exercising its power under Section 319 CrPC.
8. In the meanwhile, on 22.07.1989, PW3 filed a private complaint
F against both the accused for commission of offences under Section
302/324/323 read with Section 34 IPC. A1 was summoned in the said
case by an order dated 03.09.1993. After repeated adjournments, [the
reasons for which are not necessary at present], both the cases were
consolidated by an order dated 20.08.1994.

G 9. On 20.08.1994, charges were framed against both the accused.
Charges under Section 304 Part-I IPC were framed against both the
accused in case arising out of the FIR No.244. Charges under Section
302 IPC against first accused and charges under Section 302/34 IPC
against second accused were framed respectively in complaint case for
causing the death of Gurnam Singh. Charges under Section 323/34 IPC
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 489
[CHELAMESWAR, J.]

were framed against both the accused for causing hurt to PW3. Both A
the cases were consolidated vide order dated 20.08.1994.
10. In order to establish the guilt of the accused, the prosecution
examined five witnesses and exhibited various documents.2 PW3 and
PW4 are said to be eye-witnesses to the offence. PW1 and PW2 are
doctors connected with the post-mortem examination of the dead body B
of Gurnam Singh. PW5 is the Sub-Inspector who registered FIR.
11. The accused examined one witness in their defence i.e. DW1
Raghbir Singh.
12. The Trial Court recorded3:
C
That, death of Gurnam Singh was not caused by subdural hemor-
rhage but it was a case of sudden cardiac death;
That, Gurnam Singh suffered sudden cardiac attack because of
which he fell to the ground and received injury on left temporal
region which caused subdural hemorrhage; D
That, it is not certain at what point Gurnam Singh died, but his
death was not due to violence;
Neither Jaswinder Singh (PW3) nor Avtar Singh (PW4) are truthful
witnesses because there appears to be no corroboration of their
presence with Gurnam Singh. E
and, therefore, concluded that the prosecution has failed to establish
the case beyond reasonable doubt and acquitted both the accused herein.
2
Inquest Report as Ex.PH, Site Plan as Ex.PT; recovery memo of certain articles as
Ex.PU; application to collect the result of Pathologist as Ex.PV; FIR Ex.PQ; Statement
of PW3 Jaswinder Singh as Ex.DC; Statements of PW4 Avtar Singh as Ex.DG, Ex.DD, F
Ex.DE; report under Section 173 CrPC as Ex.DH.
3
See Judgment of Sessions Judge, Patiala in C.S. No.79/18.8.94/20.8.94 dated 22.9.1999
para 41
“Therefore the medical evidence provides no corroboration whatsoever, to the eye-
witness account. Furthermore, the death of Gurnam Singh was not caused by the
subdural hemorrhage, but it was a case of sudden cardiac death as confirmed by the
Cardiologist. When Gurnam Singh suffered sudden cardiac attack he fell to the ground
G
and received abrasions on left temporal region and left knee the former injury gave rise
to subdural hemorrhage. It is not certain at what point Gurnam Singh died, but his
death was not due to violence. Neither Jaswinder Singh nor Avtar Singh are truthful
witnesses because there appears to be no corroboration of their presence with Gurnam
Singh.”
H
490 SUPREME COURT REPORTS [2018] 6 S.C.R.

A 13. The matter was carried in two appeals to the High Court by
the State and also by the complainant. The High Court reversed the
acquittal and found both the accused guilty under Section 304 Part-II
and 304 Part-II read with Section 34 IPC respectively for causing the
death of Gurnam Singh. Apart from the above, A-2 was also found
guilty for an offence under Section 323 IPC for causing injuries to PW3.
B
14. Hence, these three appeals – Criminal Appeal No.58 of 2007
filed by Rupinder Singh Sandhu (A-2); Criminal Appeal No.59 of 2007
filed by Navjot Singh Sidhu (A-1); and Criminal Appeal No.60 of 2007
filed by Shri Jaswinder Singh (PW3).
C 15. Shri R.S. Cheema and Shri R. Basant, learned senior counsel
appeared for A-1 and A-2 respectively. Shri Siddhartha Luthra and Shri
Ranjit Kumar, learned senior counsel, appeared for the de facto
complainant (PW3 Jaswinder Singh). Shri Nidhesh Gupta, learned senior
counsel, appeared for A-1 in the appeal filed by PW3 Jaswinder Singh.
Shri Sangram S. Saron, Advocate appeared for the State.
D
16. Enormous submissions are made before us by each of the
learned senior counsel mentioned above.
17. Some of the submissions made by the three learned senior
counsel for the accused are common. Briefly stated they are:-
E i. the conclusion of acquittal recorded by the Trial Court is not to
be interfered with by the appellate Court unless there are
compelling reasons warranting interference;
ii. there are no such circumstances in the case on hand which
warranted interference by the High Court with the conclusion
F of acquittal recorded by the Trial Court;
iii. merely because a second view is possible to be taken on the
material on record, the Appellate Court is not justified in reversing
the conclusion of acquittal and in this case that is exactly what
happened; and
G iv. the conclusion of the Trial Court that PW3 and PW4 are not
truthful witnesses is based on cogent reasoning. The High Court
has not recorded any tenable reasons to demonstrate that the
conclusion of the Trial Court is manifestly illegal;

H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 491
[CHELAMESWAR, J.]

18. Apart from the abovementioned submissions made in common A
on behalf of both the accused it was submitted on behalf of A-1:-
i) the medical evidence on record does not corroborate the
evidence of PW3 and PW4, a factor which has been strongly
relied upon by the Trial Court to disbelieve PW3 and PW4.
The High Court did not record any cogent reasons for reversing B
the Trial Court’s opinion; and
ii) the medical opinion on record does not clearly establish the
exact cause of death of Gurnam Singh. In the absence of
clear medical opinion regarding the cause of death, one of the
essential elements of the offence of culpable homicide under C
Section 299 IPC, it cannot be said that the bodily injury alleged
to have been caused by A-1 resulted in the death of Gurnam
Singh.
19. On behalf of the second accused, it is additionally argued that
the prosecution is required to prove by credible evidence (i) that A-2 D
was present along with A-1 and participated in the incident, and (ii) the
exact nature of his participation, and (iii) he shared a common intention
with A-1 to commit an offence under Section 299 IPC.
There is absolutely no credible evidence on record to establish
the above. The High Court neither examined any one of the above E
mentioned questions nor gave any reason whatsoever to reverse the
conclusion of the Trial Court insofar as it relates to A-2.
20. “Before a man can be convicted of a crime, it is usually
necessary for the prosecution to prove that a certain event or a
certain state of affairs which is forbidden by the criminal law has F
been caused by his conduct and that this conduct was accompanied
by a prescribed state of mind. The event or state of affairs is
usually called the actus reus and the state of mind, the mens rea
of the crime. Both these elements must be proved beyond
reasonable doubt by the prosecution.”4
G
21. Both the accused are convicted for the offence prescribed
under Section 299 IPC while A-1 was found guilty of the offence

4
Smith J.C. & Hogan Brian, The Elements of a Crime in CRIMINAL LAW (5th ed.
ELBS 1983) p.29
H
492 SUPREME COURT REPORTS [2018] 6 S.C.R.

A simpliciter, A-2 was found vicariously guilty5 of that offence with the aid
of Section 34 IPC. The accusation being that they caused the death of
Gurnam Singh by their conduct accompanied by the requisite mens rea
and such conduct constitutes the offence prescribed under Section 299
IPC.
B 22. The question is whether the High Court is right in holding that
all the requisite elements to find the accused guilty of the offences for
which they were tried are proved beyond reasonable doubt? To hold
either of the accused guilty for an offence under Section 299 IPC either
simpliciter or vicariously with the aid of Section 34 IPC, it is required to
be proved that each of the two accused was present and participated in
C the incident and caused injuries which resulted in the death of Gurnam
Singh.
23. The undisputed fact is that Gurnam Singh was declared to
have been brought dead to the Rajendra Hospital around 12.45 pm on
the fateful day. According to the prosecution (FIR), Gurnam Singh
D received fist blows from A-1 around 12.30 pm and became unconscious.
The FIR is conspicuously silent about any physical attack by A-2 on
Gurnam Singh.
To find either of the two accused guilty of the offence under
Section 299 IPC, it must be proved that Gurnam Singh died as a
E consequence of the physical attack and the resulting injuries therefrom.
We shall defer the examination of the medical evidence regarding the
cause of death of Gurnam Singh for the time being and proceed on the
basis that the death was homicidal as a consequence of the injuries
received by him. The question is - who caused the injuries?
F 24. Prosecution sought to prove the presence, identity and
participation of both the accused in the crime by the evidence of PWs 3
and 4 - cited as eye-witnesses to the offence. They asserted in their
evidence that they were travelling on the fateful day along with the
deceased and witnessed the occurrence. However, the Trial Court
G recorded a conclusion that neither of them is a “truthful witness” because
“there appears to be no corroboration of their presence with Gurnam
Singh”. The conclusion of the Trial Court is based on the following factors:

5
See AIR 1963 SC 174 para 13 - Mohan Singh and Another Vs. State of Punjab,
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 493
[CHELAMESWAR, J.]

i. both the witnesses (PW3 and PW4) are related to each other A
and the deceased;
ii. though the incident took place at a very busy location in the
city of Patiala in broad day light, no independent witness was
examined by the prosecution to corroborate the evidence of
PW3 and PW4; B
iii police did not either seize the vehicle in which the deceased
and PWs 3 & 4 were said to be travelling at the time of the
incident nor the site plan of the scene of occurrence prepared
by the police indicate the presence of the car;
iv. there were inconsistencies in the evidence of both PWs 3 & C
4 regarding the number of the vehicle in which the accused
were travelling at the time of the occurrence and also
regarding the fact as to which one of the accused was driving
the said vehicle. The number and the driver’s name given by
them in evidence is not the same as the number and the name D
of the driver given in the FIR;
v. the version of the prosecution that PW3 was the injured
witness is not believable. It is only an attempt to create
evidence that PW3 too had been present and attacked by the
accused; and E
vi. though the witnesses deposed that they accompanied the
deceased Gurnam Singh on the fateful day and were
proceeding to the bank to withdraw some cash, no
corroborating material, such as, cheque book etc. has been
placed on record to substantiate the version of the witnesses. F
25. On the other hand, the High Court held - (i) both PW3 and
PW4 deposed consistently regarding the incident, (ii) that they had no
past enmity with the accused to falsely implicate the accused, not even
a suggestion of the existence of any such motive was made to PWs 3
and 4 in the cross-examination; and, (iii) the inconsistencies with regard
G
to the number of vehicle by which the accused were travelling and which
one of the accused was driving the vehicle are immaterial. Therefore,
the High Court opined that they are trustworthy witnesses.
26. It is argued before us on behalf of the accused that; according
to the prosecution case, Gurnam Singh was carried from the scene of
H
494 SUPREME COURT REPORTS [2018] 6 S.C.R.

A occurrence to the hospital in Rickshaw by PW3 and PW4. Neither the
Rickshaw puller was examined nor any record of the hospital is proved
to establish that PW3 and PW4 accompanied Gurnam Singh to Rajendra
Hospital. The said facts coupled with various other discrepancies noticed
by the Trial Court in assessing truthfulness of the evidence of PW3 and
PW4, make it highly unsafe to convict the accused on the basis of such
B
evidence.
27. Having regard to the material on record and the submissions
made, we are of the opinion that the case of each of the two accused
are to be considered separately.
C 28. We shall first deal with the case of the second accused Rupinder
Singh Sandhu because, in our opinion, his case can be decided without
examining any one of the common submissions made on behalf of the
accused.
29. In the entire judgment of the High Court, there are only two
D sentences which mention the name of the second accused. There is no
discussion in the judgment of the High Court as to at what point of time
during the course of investigation, A-2 was identified to be the other
clean shaven person travelling with A-1 on the fateful day and what is
the evidence on the basis of which the prosecution reached such conclusion
except the statements (made after 7 years after the event) of PW-3 and
E PW-4 made at the time of the trial. It is unfortunate that the High Court
thought it fit to reverse the acquittal recorded by the Sessions Court and
to convict A-2 for an offence under Section 304 Part II read with Section
34 IPC on the basis of such frivolous analysis.6
6
(a) In the meantime, Navjot Singh Sidhu accused came out from the Gypsy. Jaswinder
Singh PW-3 knew him as he was a famous player of Cricket. Navjot Singh Sidhu
F
started reprimanding them and used objectionable language. Jaswinder Singh PW-3 and
others asked him not to use objectionable language and thereafter Navjot Singh Sidhu
caught hold of Gurnam Singh from the collar and took him out of the Maruti car.
Thereafter he gave fist blow on the person of Gurnam Singh. One blow landed on the
temporal region above the left ear. Rupinder Singh Sandhu also came out of the
Gypsy and gave injuries to Jaswinder Singh PW-3.
G (b) We cannot overlook this fact that Navjot Singh Sidhu has conceded that he came to
the place of occurrence after hearing a commotion. Rupinder Singh Sandhu has
denied his presence and has stated that he has been falsely implicated. The best
defence witness would have been the co-employee of Navjot Singh Sidhu, but strangely
none has come forward to state that at that moment of time when the occurrence had
taken place, Navjot Singh Sidhu was in the Bank premises and after hearing a commotion,
he went out.
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 495
[CHELAMESWAR, J.]

30. For the purpose of deciding the case of A2, we presume that A
PWs 3 and 4 were accompanying Gurnam Singh on the fateful day and
witnessed the incident. The interesting feature of the case is that the
FIR mentioned the name of only A1 and the second participant in the
incident is said to be a “clean shaven man”. The FIR does not mention
that the clean shaven man either attacked or inflicted any injury on the
B
body of Gurnam Singh. It only mentions that he inflicted fist blows on
PW3. The material on record is absolutely bereft of the information
regarding the fact as to at which point of time A-2 was identified to be
that ‘clean shaven man’ who participated in the incident along with A-1
by the investigating agency. Nor is there any material on record to
indicate the basis on which the prosecution came to the conclusion that C
A-2 is that clean shaven man.
PW3 and PW4 were examined at the time of inquest over the
dead body of Gurnam Singh, which took place according to the
prosecution at 3.30 p.m. on the date of occurrence. Even those statements
of PW3 and PW4 do not mention the name or identifiable description of D
A-2.
Admittedly, at no point of time a test identification parade was
held to establish the identity of the clean shaven man to be A-2. The
only material on record to connect A-2 with the offences is the evidence
of PW3 and PW4 at the trial where they deposed that A-2 is that clean E
shaven person who was present along with A-1 on the date of the incident.
The evidence of PW-3 was recorded on two occasions, initially
on 9.7.1993 in the Sessions case arising out of the police report at which
point of time only A-2 was put to trial for various offences in connection
with the incident which resulted in the death of Gurnam Singh. F
PW-3 deposed at that point of time as follows:-
“The accused present in Court Rupinder Singh was not known to
me prior to the occurrence.”
Again, he was examined on 16.8.1995 at the joint trial of both the
G
sessions cases against both the accused herein. In the chief examination,
he stated;
“I observed that one clean shaven person whose name was
Rupinder Singh Sandhu was found sitting on the driver seat. The
H
496 SUPREME COURT REPORTS [2018] 6 S.C.R.

A witness has pointed out towards Rupinder Singh Sandhu accused
now present in the Court.
And further as follows:-
“Thereafter Rupinder Singh (Sandhu) accused came out from
the Gypsy and he started causing me injuries with fist blows.
B Rupinder Singh (Sandhu) gave fist blows on the left inside of my
chest and on the left side of my forehead.”
The relevant portion of the cross examination reads as follows:-
“I stated in Ex. PQ that thereafter Rupinder Singh (Sandhu) came
C out from the Gypsy. Attention of the witness has been drawn to
Ex. PQ where name of Rupinder Singh (Sandhu) has not been
mentioned. The narration of that the clean shaven man came out
of the vehicle. I stated in Ex. PQ that Rupinder Singh (Sandhu)
gave fist blows on the left side of my chest and on the left
side of my forehead. Attention of the witness has been drawn
D to Ex. PQ where the portion ‘attacked’ by Rupinder Singh
(Sandhu) have not been mentioned. Narration is that Rupinder
Singh (Sandhu) gave fist blows to him.
31. From our analysis of the above material, the following
conclusions emerge:
E
(i) Neither PW3 nor PW4 knew the second accused prior to the
date of the offence;
(ii) Even on the date of the offence they did not know his name
or other particulars which could lead to his identification;
F (iii) The prosecution did not bring on record any material to establish
as to how they came to the conclusion that the person
accompanying the first accused is Rupinder Singh Sandhu (A-
2);
(iv) The only evidence to connect A-2 with the crime is the
G statements of PWs 3 and 4 made at the time of the trial (some
7 years after the incident) that A-1 was the other person
accompanying A-1 on the fateful day;
(v) There is nothing either in the deposition of PW3 or PW4 that
A2 ever attacked the deceased; and
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 497
[CHELAMESWAR, J.]

(vi) There is no other evidence on record to show that A-2 A
attacked the deceased.
These aspects are not considered by the Trial Court obviously
because the Trial Court opined that PW3 and PW4 are not truthful
witnesses. Nor did the High Court examine these aspects while reversing
the acquittal order of the Trial Court. In the impugned judgment of the B
High Court, there is no discussion regarding the identity of A-2 or the
role played by him in the incident. Without any discussion whatsoever
regarding the evidence either to prove the presence of A-2 along with
A-1 at the time of the occurrence or the role played by A-2 in the incident
insofar as it pertained to the death of Gurnam Singh, the High Court
chose to record a finding of guilt against A-2 under Section 304 Part-II C
read with Section 34 IPC. It must be remembered that the evidence of
PW3 and PW4 was recorded some 7 years after the incident. The first
time PW3 ever identified the other clean shaven man accompanying
A-1 on the fateful day to be A-2 was on 9.7.1993 at the trial of the
Sessions Case in Crime No.244. Even by then some 5 years had elapsed D
from the date of offence.
32. The High Court abruptly recorded a conclusion that A-2 is
guilty of an offence of Section 304 Part-II read with Section 34 IPC.
Such a conclusion in our view is wholly unsustainable. Even if we believe
for the sake of argument (we emphasise only for the sake of argument) E
that A-2 was present with A-1 at the time of the incident, there is nothing
on record to prove that he attacked Gurnam Singh or that he shared a
common intention with A-1 to commit the offence of culpable homicide
not amounting to murder.
The conclusion of the High Court that A-2 is also guilty of the F
offence under Section 323 IPC is equally unsustainable in view of our
discussion above, especially in view of the fact that there is no trustworthy
evidence regarding his presence along with A-1 at the time of the offence.
It is not safe to convict A-2 on the basis of the evidence of PWs 3 and 4.
We therefore, set aside the Judgment of the High Court insofar G
as A2 is concerned.
33. We shall now deal with the case of first accused. Once again
it is necessary to examine whether the death of Gurnam Singh is caused
by A-1 as alleged by the prosecution. For recording any conclusion
H
498 SUPREME COURT REPORTS [2018] 6 S.C.R.

A against A-1 in this regard, first, it is necessary to know exactly what is
the cause of death of Gurnam Singh, and second, that the conduct of
A-1 in inflicting the fist blows on Gurnam Singh resulted in the death of
Gurnam Singh. Even if both the above-mentioned factors are established
beyond reasonable doubt, it must further be proved that A-1 had the
requisite mens rea to commit the crime defined under either Section 299
B
or Section 300, IPC.
34. We now examine each one of the above questions.
To hold A-1 guilty of causing the death of Gurnam Singh, it must
be proved that (i) he inflicted fist blows on Gurnam Singh as alleged by
C the prosecution; and (ii) the injuries resulting from the fist blows caused
the death of Gurnam Singh.
35. In order to establish the fact that A-1 inflicted fist blows on
Gurnam Singh, prosecution relied upon the evidence of PWs 3 and 4
who claimed that they were travelling along with Gurnam Singh at the
D time of the occurrence in the car driven by Gurnam Singh and, therefore,
witnessed the occurrence.
The Sessions Court disbelieved the evidence of PWs 3 and 4
principally on two grounds, firstly that the evidence of PW3 and PW4
was not consistent and kept varying from time to time and secondly, the
E medical evidence does not corroborate the testimonies of PWs 3 and 4.
On the other hand, as already noticed by us (at para 25), the High Court
disagreed with the conclusion of the Sessions Court regarding the
trustworthiness of the evidence of PWs 3 and 4.
36. The submission of the A-1 is that PWs 3 and 4 are planted
F witnesses and the circumstances appearing from the record create any
amount of doubt regarding the fact that:
PWs 3 and 4 were in fact travelling with Gurnam Singh and
witnessed the offence,
According to A-1, the circumstances are:
G (i) PWs 3 and 4 were related to the deceased and therefore they
are interested witnesses.
(ii) The failure of the prosecution to examine any independent
witness (i.e. witness unconnected with the deceased) though
a good number of people must have witnessed the occurrence
H as it occurred in broad day light in the city of Patiala.
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 499
[CHELAMESWAR, J.]

(iii) Non-production of the records of the hospital7 to indicate that A
Gurnam Singh was taken to the hospital by PWs 3 and 4.
(iv) The fact that the FIR which is said to have been registered by
PW5 at 1.45 pm at the instance of PW3 reached the concerned
Magistrate only at 5.30 pm that evening (i.e. approximately
after a lapse of 4 hours) though the distance between the B
police station and the Magistrate is only two kilometers leads
to a doubt that the timing of the registration of the FIR is
manipulated to give the impression that the incident was
promptly reported. The purpose being to plant PWs 3 and 4
as eye-witnesses to the occurrence.
C
(v) That the prosecution did not seize the vehicle by which deceased,
PW3 and PW4 were said to have been traveling.
37. We shall now examine the tenability of the above submissions.
38. The fact that PWs 3 and 4 are related to the deceased Gurnam
Singh is not in dispute. The existence of such relationship by itself does D
not render the evidence of PWs 3 and 4 untrustworthy. This Court has
repeatedly held so and also held that the related witnesses are less likely
to implicate innocent persons exonerating the real culprits.8
7
It is submitted that as a matter of general practice, whenever a patient is taken to a
hospital, the hospital records the details of the persons who brought the patients to the E
hospital more particularly in cases having medico-legal implication.
8
See Rizan v. State of Chhattisgarh, (2003) 2 SCC 661, para 6
6. We shall first deal with the contention regarding interestedness of the witnesses
for furthering the prosecution version. Relationship is not a factor to affect
credibility of a witness. It is more often than not that a relation would not conceal
the actual culprit and make allegations against an innocent person. Foundation has F
to be laid if plea of false implication is made. In such cases, the court has to adopt
a careful approach and analyse evidence to find out whether it is cogent and
credible.
Also see, Dalip Singh v. State of Punjab, AIR 1953 SC 364, para 26
26. A witness is normally to be considered independent unless he or she springs
from sources which are likely to be tainted and that usually means unless the
witness has cause, such as enmity against the accused, to wish to implicate him G
falsely. Ordinarily, a close relative would be the last to screen the real culprit and
falsely implicate an innocent person. It is true, when feelings run high and there is
personal cause for enmity, that there is a tendency to drag in an innocent person
against whom a witness has a grudge along with the guilty, but foundation must be
laid for such a criticism and the mere fact of relationship far from being a foundation
is often a sure guarantee of truth. H
500 SUPREME COURT REPORTS [2018] 6 S.C.R.

A 39. Admittedly, the incident took place in broad daylight in a busy
area of Patiala city. Obviously, the incident would have been witnessed
by many others. It is, therefore, the submission of the accused that the
non-examination of any person other than PWs 3 and 4 renders the
evidence of PWs 3 and 4 untrustworthy.
B We find it difficult to accept the submission. The mere fact that
some more witnesses, who would have witnessed the occurrence, were
not examined does not render the evidence of PWs 3 and 4 untrustworthy.
In fact, in a matter like this, examining any other witness who was
supposed to have witnessed the offence would increase the burden of
the prosecution to establish that such a witness is not a chance witness.
C
40. Coming to the submission that the relevant records of Rajendra
Hospital to which Gurnam Singh was taken immediately after the incident
were not proved to establish that PWs 3 and 4 were the persons who
carried Gurnam Singh to the hospital need not necessarily lead to the
conclusions that PWs 3 and 4 were not trustworthy witnesses. No doubt,
D the production of such record would have gone to corroborate the fact
that PWs 3 and 4 were accompanying Gurnam Singh at the time of the
incident and immediately thereafter. Corroboration is not required for
every fact sought to be proved by the prosecution. If a fact is proved by
some credible evidence, to insist upon further corroborating material
E would only make the enforcement of criminal law an absurdity.
41. Another submission of the defence is that PWs 3 and 4 are
planted witnesses by the prosecution, though they did not actually witness
the occurrence of the crime. The accused seek to raise a doubt regarding
the fact that FIR is registered at 1.45 p.m. because the FIR reached the
F Magistrate around 5.30 p.m. The concerned court, admittedly, is only at
a distance of 2 to 3 kilometers from the police station. It is, therefore,
argued that the prosecution manipulated the time of the registration of
the FIR though it was recorded at a much later point of time after
procuring the presence of PWs 3 and 4 to figure as eye-witnesses.

G In our opinion, the logic adopted by the accused suggesting the
possibility of the PWs 3 and 4 being planted witnesses is untenable.
Admittedly, the post-mortem was conducted by PW2 on the dead
body of Gurnam Singh at 4.30 p.m. on the date of the occurrence. PW2
in his deposition stated that body was identified by PWs 3 and 4. The
post-mortem report also mentions the fact that body was identified by
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 501
[CHELAMESWAR, J.]

PWs 3 and 4. It, therefore, follows that PWs 3 and 4 were present by A
4.30 p.m. i.e., at the time of the post mortem. No submission is made
that PW2 is not a trustworthy witness or that the post-mortem report is
not a reliable document.
The post-mortem was preceded by an inquest conducted by PW5
(sub-Inspector Kaka Singh). He deposed that on receipt of the report of B
PW3 around 1.45 p.m. after completing the formalities of registration of
the FIR, he proceeded to Rajendra Hospital at 3.00 p.m. Thereafter, he
prepared the inquest report (Ex. PH) in the presence of PWs 3 and 4
who attested the inquest report. After completion of the inquest, PW5
entrusted the dead body to two police constables namely Bahadur Singh
and Gurpal Singh with a requisition for post mortem (Ex. PG). C

Obviously, it takes some time to conduct inquest. If PW5 reached
the Rajendra Hospital at 3.00 p.m., the time gap of one and half hours
between the commencement of the inquest and the commencement of
the post-mortem cannot be said to be an unreasonable period for
conducting the inquest and making appropriate arrangement for the post- D
mortem examination.9 Both from the inquest report and the post mortem
report, it can be noticed that PWs 3 and 4 presence was mentioned.
Under Section 174 CrPC, an officer in charge of police station receiving
information of the death of a person under the circumstances specified
in the said section is required to proceed to the place where the dead E
body is, draw up a report of the apparent cause of death and then forward
the dead body for (post mortem) examination to the nearest Civil Surgeon.
Therefore, neither the inquest could have taken place without the
registration of the crime nor the post mortem examination could be
undertaken without a requisition from the investigating officer. There is
nothing in the examination of PW5 (SI) to suggest that he did not follow F
the procedure prescribed under Section 174, CrPC.
From the above, it follows at least by 3 p.m. PWs 3 and 4 were
present and actively associated with the above-mentioned events. If
they were to be planted as eye-witnesses, it must have happened between
12.30 and 3.00 p.m. That means in a gap of two and a half hours between G
12.30 p.m. to 3.00 p.m., the investigating officer must have identified
PWs 3 and 4 to be witnesses who would act to the dictation of the
investigating agency and support the version of the prosecution and plant
9
PW2 stated in the cross-examination – “The post-mortem was started 4.30 p.m. on
27.12.1988. I must have received the police papers few minutes earlier to 4.30 p.m.” H
502 SUPREME COURT REPORTS [2018] 6 S.C.R.

A them. Such a theory in our opinion would be a fantastic piece of fiction
and it pre-supposes that PW-5 for some unknown reasons bore an enmity
to A1 to plan such a deep plot to implicate A-1 in the crime. In the
process, we must not forget that A-1, even by the date of the occurrence,
was some kind of a celebrity. We would find it difficult to believe such
a version. The general tendency – if we do not take leave of common
B
sense – is to turn a blind eye to the violations of law committed by
celebrities.
42. Another aspect of the matter which was vehemently argued
by the learned counsel for the accused is that the non-seizure of the
vehicle by which the deceased and the PWs 3 and 4 were said to have
C been travelling at the time of the occurrence throws doubt about the
presence of PWs 3 and 4 along with the deceased at the time of the
occurrence. We fail to understand the submission. Even if the vehicle
were to be seized, we do not understand how it would go to prove the
fact that PWs 3 and 4 were also travelling by that vehicle.
D 43. Therefore, we are of the opinion that the Sessions Court was
wrong and the High Court was right (though the reasons are not well
articulated) in believing the presence of PWs 3 and 4 at the time of the
commission of the offence along with deceased Gurnam Singh. We
must hasten to add that from the above finding it does not follow that
their entire evidence is unimpeachable.
E
44. Then it becomes necessary to examine as to what extent the
evidence of PWs 3 and 4 is credible. Both the witnesses in their evidence
before the Sessions Court stated that they travelled with the deceased
on the fateful day in a Maruti car driven by Gurnam Singh. Both of
them stated that there was an altercation between A-1 and the deceased
F regarding the right of way which resulted in the 1st accused giving fist
blows to Gurnam Singh. They did not make any allegation in their evidence
that A-2 attacked Gurnam Singh. Their version is that when they tried
to intervene to rescue Gurnam Singh, the 2nd accused attacked PW-3 by
giving fist blows.
G Though, it is the evidence of PWs 3 and 4 that A-1 inflicted fist
blows on Gurnam Singh, the post-mortem report indicates only two
external injuries – one on the temporal region and another on the left
knee of the deceased – both are abrasions. The 2nd injury, i.e. abrasion
on the knee, according to PW-2 could be the result of the fall.
Notwithstanding the narration of PWs 3 and 4 that A-1 inflicted fist
H blows (multiple blows), it is most unlikely that a person would
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 503
[CHELAMESWAR, J.]

simultaneously aim at the head and also the knees of the victim while A
giving fist blows. Of course, it is possible that A-1 delivered more than
one fist blow but only one of them landed on the head of Gurnam Singh
and the others missed the target. That leaves us with the position that
A-1 inflicted a single injury on the head of the deceased and we can
safely conclude that the 2nd injury on the knee of the deceased occurred
B
due to a fall at any road. It is not the suggestion of the prosecution that
Gurnam Singh died of the injury on his knee.
45. The injury on the head of Gurnam Singh, as already noticed, is
an abrasion admeasuring 0.75 cm x 0.5 cm over the left temporal region
at the junction of upper part of pinna. There is a corresponding subdural
hemorrhage present over the left temporal region of Gurnam Singh. But C
the question is whether that single injury caused the death of Gurnam
Singh.
46. PW-2 in the post-mortem report did not give any opinion
regarding the cause of the death of Gurnam Singh. On the other hand,
he recorded as follows: D
“The cause of death in this case will be given after receiving the
report from the Pathologist, Government Medical College, Patiala.
Both the injuries are ante-mortem in nature and caused by blunt
weapon.”
It is significant to note that PW2 was of the opinion that the injuries E
were ante-mortem in nature and caused by a blunt weapon.
47. The pathologist gave a report dated 9.1.89 (Ex.PJ). He noticed
a large number of abnormalities in the condition of the heart of Gurnam
Singh.
F
“Heart weighed 430 gm and measured 12x8x6 cm. Epicardial fat
was increased, especially over right ventricle. Both the branches
of left coronary artery i.e. anterior descending branch and
circumflex branch and right coronary artery showed
atherosclerosis with calcification and narrowing of the lumen.
Maximum thickness of left ventricular wall was increased to 1.8 G
cm. Myocardium showed stromal fat infiltration, especially of
right ventricle and multiple focus areas of fibrosis in the wall of
left ventricle. Cusps and chambers of the ears showed no
Pathology. No evidence of myocardial infarction was seen.
Root of aorta showed atherosclerosis with focal areas of
calcification.” H
504 SUPREME COURT REPORTS [2018] 6 S.C.R.

A Insofar as the brain is concerned, the pathology report reads as
follows:
“Four pieces of brain, covered with Pia Meter, together weighed
550 gms and measured 11x11x5 cm. No pathology was seen on
gross or Microscopic examination.”
B It is relevant to note that the pathologist did not notice any
pathology either on the gross or microscopic examination. On receipt of
the pathology report, PW-2 opined that it is necessary to obtain a further
opinion of forensic expert. He, therefore, wrote to the Civil Surgeon,
Patiala on 11.1.89 requesting that the case be referred to forensic expert,
Government Medical College, Patiala.
C
48. On 13.1.89, the Principal, Government Medical College, Patiala,
acting on the abovementioned letter dated 11.1.89, constituted a Board
consisting of 6 members of whom two were examined as PWs 1 and 2
in the trial of the case. PW-1 was designated as the Convener of the
said Medical Board. PW-1 gave a very cryptic opinion (Ex.PA) on
D 17.1.89, as follows:
“Death in this case is attributed to the effects of head injury and
cardiac condition. However, the head injury in itself could be
sufficient to cause death in the ordinary course of nature”.
49. In view of the lack of clarity in the opinion, the prosecution
E time and again sought for a clarification of the opinion. On two occasions,
i.e. on 31.1.89 and 3.2.89, PW-1 declined to give any further clarification
and communicated as follows:
“In this context, it is for your kind information that the opinion
expressed earlier stands as such.”
F “This is for your kind information that the facts regarding the
case have already been stated and need not be asked over and
again. If any clarification is needed, that will be submitted in the
Court.”
50. The Sessions Court analysed the evidence of PWs 1 and 2
and the above mentioned correspondence between the investigating
G officer and the doctors from paras 33 to 36 and recorded:-
“… That there was a very minor abrasion over the left temporal
region, there was no fracture of the skull, the sub-dural hemorrhage
seen by Dr. Jatinder Kumar Sadana (PW-2) had not been measured
as its magnitude and size was not indicated in the post mortem
H
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 505
[CHELAMESWAR, J.]

report. The witness in cross-examination admitted that a sub-dural A
hemorrhage is not fatal in all the cases.
xxx xxx xxx
Dr. Gurpreet Singh10, Head of the Cardiology Department was of
the view that the cardiac condition as reported by the Pathologist
could also result in sudden cardiac death under stress. This means B
that Gurnam Singh could well have suddenly died without any
external injury on account of a Neurogenic or vasovagal shock
and the post mortem examination would not have revealed this
fact. It was only after the pathologist examined xx the heart of
the patient and reported various medical defects therein that the C
Cardiologist formed the opinion that it was a case of sudden cardiac
death.
xxx xxx xxx
In any case, the Board has not stated that death was the result of
the head injury or death was the result of cardiac condition or D
death was the result of head injury coupled with the cardiac
condition or death was the result of head injury which led to the
cardiac condition.”
and finally held:
E
“Conclusion on the basis of the medical evidence is that the
deceased died on account of sudden cardiac death under stress,
fell and received the two abrasions including the subdural
hemorrhage in question. This conclusion is quite consistent with
the medical opinion expressed by the Pathologist and by Dr.
Krishan Vij and Dr. Jatinder Kumar Sadana.” F
51. On the other hand, the High Court recorded a conclusion, as
follows:
“……….None of the doctors i.e. Dr. Krishan Vij PW-1 and Dr.
Jatinder Kumar Sadana PW-2 have stated in their testimony that
the mode of death of Gurnam Singh was cardiac failure. All they G
have stated is that by going through the report of the Pathologist,
the cardiac condition of heart of Gurnam Singh was very weak.
We cannot be oblivious of the fact that on the opening of the skull,
subdural hemorrhage was present over the left parietal region
10
He was one of the Members of the Medical Board H
506 SUPREME COURT REPORTS [2018] 6 S.C.R.

A and brain as spelt out by Dr Jatinder Kumar Sadana PW-2. It is
in fact this hemorrhage which caused the death of Gurnam Singh,
and not a cardiac arrest.”
52. It is submitted by the accused that the above conclusion of the
High Court is not based on any evidence and is a pure conjecture.
B 53. We have already noticed that PW2, who conducted the post-
mortem, did not identify the cause of death of Gurnam Singh. He only
forwarded the opinion of the Medical Board to the Police.11 PW-1, who
headed the Board, simply repeated the statement made in Exhibit PA.
“Deposition of PW 1: After perusal of the record and the
C discussions held, opinion was given which is Ex. PA. According
to Ex. PA the death in this case was attributed to the effects of
the head injury and cardiac arrest. However, the head injury in
itself could be sufficient to cause death in the ordinary course of
nature.”
On the face of the above evidence, the High Court came to the
D conclusion that it is the subdural hemorrhage which caused the death of
Gurnam Singh and not cardiac arrest.
54. As rightly pointed out by the accused, we find no basis in the
evidence on record for such a conclusion. When Exhibit PA says that
death in the case is “attributed to the effects of head injury and cardiac
E condition”, to conclude that the cause of death is only hemorrhage and
not cardiac arrest is contrary to the evidence on record. On the other
hand it must be remembered the pathologist reported that he did not
notice any pathology on the brain either on “gross or microscopic
examination”. PW-2, who conducted the post-mortem examination, did
not give any description of the hemorrhage except to state that subdural
F
hemorrhage existed in the parietal region. He admitted in the cross
examination that he did not mention the magnitude or size of the
hemorrhage.12

11
Deposition of PW 2: After the receipt of the report of the Pathologist Ex. PJ the case
G was forwarded to the Professor and Head of the Department of Forensic Medicines,
Medical College, Patiala for expert opinion through Civil Surgeon, Patiala. After this
board was constituted by the Principal, Medical College, Patiala and cause of death was
given. This was forwarded in original to the SHO, P.S. Kotwali, on 17.1.1989. It is Ex.
PK which is signed by me.
12
Deposition of PW 2: Though I mentioned in the post-mortem report that there was
subdural hemorrhage on the left temporal region, but I have not mentioned its magnitude
H or size, whether it was 1 cm or it was 10 cms.
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 507
[CHELAMESWAR, J.]

55. PW-1 is also the author of a textbook on Forensic Medicine A
and Toxicology. In the Sixth Edition of his book he stated as follows:
“On most occasions, bleeding is slight but fatal compression of
the brain by a large subdural haemorrhage can occur within a
few hours. It has been suggested that about 100-150 ml is usually
the minimum associated with fatalities. Fatality is frequently B
associated with some concomitant brain injury. If there is no
primary brain damage, the mortality from the subdural haemorrhage
is usually related to the victim’s age, neurological status and delay
from the time of trauma to the surgical evacuation of the
haematoma.”13
C
It can be noticed from the above statement – (i) subdural
hemorrhage by itself does not cause death but it is the compression of
brain caused by a large subdural hemorrhage which causes the death;
and (ii) about 100-150 ml of hemorrhage is usually the minimum associated
with fatalities.
D
56. We shall assess the evidence on record in the instant case in
light of the above analysis. The statements made in (Ex PA) and the
evidence of PW1 that the head injury itself could be sufficient to cause
the death in the ordinary course of nature are mere ipse dixit. Neither
any specific details regarding the volume of the subdural hemorrhage
are available on record, nor any medical opinion that the subdural E
hemorrhage caused the compression of the brain that caused the death
of Gurnam Singh. There is no evidence of any concomitant brain injury.
The post-mortem report and the evidence of PW2 are silent in this regard.
The pathologist’s report is clear about the absence of any pathology in
brain. Such being the evidence on record, the conclusion of the High F
Court that Gurnam Singh’s death is caused by subdural hemorrhage but
not cardiac arrest, in our opinion, is not based on any evidence on record
and is a pure conjecture. We, therefore, find it difficult to sustain the
conviction of the first accused and set-aside the same. Because to find
a man guilty of culpable homicide, the basic fact required to be established
is that the accused caused the death. But, as noticed above, the medical G
evidence is absolutely uncertain regarding the cause of death of Gurnam
Singh.

13
Textbook of Forensic Medicine & Toxicology Principles & Practice, 6 th Ed, Krishan
Vij, Elsevier, pp 267-268 H
508 SUPREME COURT REPORTS [2018] 6 S.C.R.

A 57. The only fact established on evidence is that A-1 gave a single
fist blow on the head of the deceased Gurnam Singh. No weapon was
used, nor was there any past enmity between the accused and the
deceased. It all started with a dispute regarding the right of way resulting
in a brawl between them, a very common sight in this country.
B 58. Apparently, some verbal exchange took place between the
accused and the deceased. It is not clear from the record as to what
exactly are the words spoken by them except a vague indication that
some intemperate language was employed by both of them, nor is it
clear who initiated the exchange.
C 59. In view of our above conclusion, we do not see any reason to
discuss the various submissions made in Criminal Appeal No.60 of 2007
filed by the de facto complainant. Their entire case is sought to be built
up on the lapses in the investigation process and the conduct of the
accused in securing the anticipatory bail within few days of the incident
and the decision of the State initially not to prosecute A-1. Various other
D factors sought to be relied upon by the de facto complainant pertain to
certain deficiencies in the process of the investigation (such as the non-
seizure of the vehicle by which deceased and PWs 3 and 4 were travelling
and the disinclination of the State to array the first accused herein as the
accused in the Sessions Case No.79/18.8.94/20.8.94 either by design or
E otherwise) make no difference to the conclusion that the first accused
cannot be held to be responsible for the death of Gurnam Singh in view
of the medical evidence. The de facto complainant also calls upon this
Court to believe that in view of the celebrity status of the first accused,
the State went out of its way to shield his crime. Therefore, the first
accused must be held to have caused the death of Gurnam Singh.
F
60. No doubt that there are lapses in the investigation. We cannot
hazard a guess whether such lapses occurred because of the general
inefficiency of the system or as a consequence of a concerted effort
made to protect the accused. The law of this country is not that people
are convicted of offences on the basis of doubts.
G
61. We must also mention here that the de facto complainant
moved an I.A. No. 50523 of 2018 praying that the content of a CD be
received as additional evidence, along with the CD allegedly containing
some interview given by the first accused to some TV channel. The
said CD is said to contain certain statements which would go in the
H opinion of the de facto complainant to prove the guilt of the accused.
RUPINDER SINGH SANDHU v. STATE OF PUNJAB 509
[CHELAMESWAR, J.]

62. For receiving such material on record at this stage, in our A
opinion, requires the examination of too many questions of law including
questions of the interpretation of some of the provisions of the
Constitution. Assuming for the sake of argument that this Court in
exercise of its extra-ordinary jurisdiction can receive such evidence,
necessarily such an exercise requires the giving of an opportunity to the
B
first accused before such evidence is taken on record.
In our opinion, all that is avoidable for the reason: even if it is
assumed that the first accused admitted to his participation in the
occurrence, (a fact which we have already concluded independent of
his own confession alleged in the TV show) in the light of the medical
evidence on record, he cannot be held guilty of causing the death of C
Gurnam Singh. We, therefore, see no reason to entertain the application.
Such admissions, if any do not help improve the case of the de facto
complainant.
63. The net result of all the above discussion is that the first accused
cannot be held to be responsible for causing the death of Gurnam Singh. D
Therefore, the judgment under appeal is required to be set aside and is
accordingly set aside. The material on record leads us to the only possible
conclusion that we can reach that the first accused voluntarily caused
hurt to Gurnam Singh punishable under Section 323 IPC.
64. The next question is what would be the appropriate punishment E
for such an offence. Section 323 IPC stipulates a punishment of
imprisonment of either description for a term which may extend to one
year or with fine which may extend to Rs.1000/- or with both. In the
circumstances of the case having regard to the facts that (i) the incident
is 30 years old; (ii) there is no past enmity between the accused and the F
deceased; (iii) no weapon was used by the accused; and (iv) the
background in which it happened, we are of the opinion, a punishment of
imposition of fine of Rs.1000/- would meet the ends of justice in this
case.
65. In view of the foregoing, we allow the appeals of the accused G
as indicated above and dismiss the appeal of the complainant.

Divya Pandey Appeals disposed of.

H