Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1702 OF 2008

Rajendra Singh

… Appellant

Versus

State of Uttaranchal

… Respondent

J U D G M E N T

Aftab Alam, J.

1.

This appeal is directed against the judgment and order dated April 30,

2008 passed by the Uttarakhand High Court in Government Appeal No.1174

of 2001 (Old No.303 of 1991). By the impugned judgment, the High Court

allowed the Government Appeal, set aside the judgment of acquittal

rendered by the trial court, and finding the appellant guilty of the offence of

murder convicted him under section 302 of the Penal Code and gave him the

sentence of rigorous imprisonment for life.

2.

The case of the prosecution is based on a written report dated July 26,

1988 submitted at Police Station Dehradun by one Vijay Singh s/o Puran

Singh Rana (hereinafter referred to as “the informant”). In the written report

Page 2

JUDGMENT

it was stated that the informant’s elder brother, namely, Kishan Singh Rana

(the deceased) was a peon in the Bank of India, Rajpur Road Branch,

Dehradun. He had given a pair of pants and some cloth for stitching to

Rajendra Singh tailor (the appellant), whose shop is on the road just near

their house. The appellant did not return the stitched clothes even after

several days and on the evening prior to the date of occurrence, there was a

quarrel between the informant’s brother and the appellant on that issue. On

July 26, 1988 (the date of occurrence) the informant’s brother had gone to

the bank as usual on his motor cycle. He returned from the bank at about

1.00 p.m. and as he reached in front of the appellant’s shop, he got down

from the motor cycle as the road was broken at that point. At that instant, the

appellant came out of his shop carrying a pair of scissors in his hands;

hurling abuses, he came down to the road and attacked the informant’s

brother with the scissors with the intent to kill him. In order to save his life,

Kishan Singh Rana ran down the road but the appellant chased him and

caught him after some distance in front of Chintamani’s house. At that spot

he gave the informant’s brother many blows by the scissors, one after the

other. Kishan Singh Rana fell down bleeding on the road. It was further

stated in the written report that besides the informant, Makhan Singh

(PW.2), Laxman (Motor) Auto Mechanic (not examined) and his sister-in-

2

Page 3

JUDGMENT

law, Deepa (the wife of the deceased – PW.3) and many other persons and

women of the area witnessed the occurrence. After assaulting the deceased,

the appellant fled away from there. It was further stated in the written report

that Makhan Singh took the informant’s brother to Dun Hospital, where he

was declared brought dead. The written report concluded with the request to

take legal action against the appellant.

3.

The written report submitted by Vijay Singh was incorporated in the

first information report (report No.230) giving rise to criminal case

No.483/88/-under section 302 IPC, P.S. Dehradun.

4.

The police after investigation submitted charge-sheet and the

appellant was put on trial on the charge under section 302 of the Penal Code.

5.

In support of the charge, the prosecution examined 11 witnesses.

PW.1, PW.2 and PW.3 are the eye witnesses of the occurrence, of whom

PW.1 is also the first informant. PW.4 is one of the witnesses of the recovery

of blood stained and plain earth and a chappal from the place of occurrence.

He also identified his signature on the site plan (Ex.Ka-3) of the place of

occurrence. PW.5 is another witness of the recovery of blood stained and

plain earth, two chappals and one sandle from the place of occurrence. He

identified his signature on the seizure memo (Ex.La-3). PW.6 and PW.7 are

3

Page 4

JUDGMENT

witnesses of the recovery of the scissors from the appellant’s shop. PW.8 is

the doctor who had conducted post-m