INDERSINGH Vs. STATE DELHI ADMINISTRATION
LAWS(SC)-1978-2-17
SUPREME COURT OF INDIA
Decided on February 24,1978

INDERSINGH Appellant
VERSUS
STATE OF DELHI Respondents


Cited Judgements :-

BHERULAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-4-189] [REFERRED TO]
GANGADHAR BEHERA VS. STATE OF ORISSA [LAWS(SC)-2002-10-10] [REFERRED TO]
SOMESH GUPTA VS. STATE OF THE NCT OF DELHI [LAWS(DLH)-2010-1-77] [REFERRED TO]
KESAVAN GOPI VS. STATE [LAWS(KER)-1987-7-113] [REFERRED TO]
JANAPALLY ANJILAIAH VS. STATE OF A.P. [LAWS(TLNG)-2022-2-11] [REFERRED TO]
BISWAMOHAN DEBBARMA AND ORS. VS. THE STATE OF TRIPURA [LAWS(TRIP)-2016-2-2] [REFERRED TO]
ARUN KUMAR SINGH @ ARUN KR. SINGH, SON OF LATE DINESH SINGH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-365] [REFERRED TO]
TIKARAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-7-30] [REFERRED TO]
IQBALBHAI JUMABHAI CHAMADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2018-1-366] [REFERRED TO]
STATE OF GUJARAT VS. SHAILESH JAVERCHAND MALDE MAHAJAN [LAWS(GJH)-2016-1-103] [REFERRED TO]
STATE OF KERALA VS. ASHRAF [LAWS(MAD)-1993-3-24] [REFERRED TO]
STATE OF KERALA VS. THAMBAN NAMBIAR [LAWS(MAD)-1993-1-17] [REFERRED TO]
DEV NARAIN PANDEY VS. STATE DELHI ADM [LAWS(DLH)-1987-11-27] [REFERRED TO]
THARLIANA VS. STATE OF MIZORAM [LAWS(GAU)-2002-9-27] [REFERRED TO]
MILON MUNDA VS. STATE OF TRIPURA [LAWS(GAU)-2006-5-66] [REFERRED TO]
M.THIRUMOORTHI VS. STATE REP [LAWS(MAD)-2020-5-33] [REFERRED TO]
ARVIND KUMAR VS. STATE [LAWS(DLH)-2014-3-311] [REFERRED TO]
STATE VS. CHIKKARANGAIAH [LAWS(KAR)-2002-1-13] [REFERRED TO]
STATE OF U.P. VS. GIRISH PAL [LAWS(ALL)-2017-5-211] [REFERRED TO]
HEMANT @ BHAGDAN NISHAD, VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-12-139] [REFERRED TO]
IN REFERENCE STATE OF CHHATTISGARH THROUGH POLICE STATION KHURSIPAR, DURG DISTRICT DURG CHHATTISGARH VS. RAM SONA S/O GULLI SONA [LAWS(CHH)-2020-1-130] [REFERRED TO]
GOURISHANKAR CHOUHAN VS. STATE OF C.G. [LAWS(CHH)-2023-3-85] [REFERRED TO]
T P YAKOOB VS. KERALA STATE CIVIL SUPPLIES CORPORATION LTD [LAWS(KER)-2002-12-27] [REFERRED TO]
NAGINA SHARMA VS. STATE OF BIHAR [LAWS(PAT)-1990-7-1] [REFERRED TO]
DEVENDER PAL SINGH VS. STATE NCT OF DELHI [LAWS(SC)-2002-3-57] [REFERRED TO]
STATE OF PUNJAB VS. KARNAIL SINGH [LAWS(SC)-2003-8-109] [REFERRED]
SURAJ GIRI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-36] [REFERRED TO]
LAJWANTI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-43] [REFERRED TO]
PT YOG RAJ VS. STATE OF J&K [LAWS(J&K)-1987-9-5] [REFERRED TO]
REHMAT ALI VS. STATE [LAWS(DLH)-2009-2-176] [REFERRED TO]
KALYAN CHANDRA SARKAR VS. RAJESH RAJAN alias PAPPU YADAV [LAWS(SC)-2005-2-149] [REFERRED TO]
MANJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2013-9-33] [REFERRED TO]
M.H.FAISAL VS. STATE OF KERALA [LAWS(KER)-2022-5-8] [REFERRED TO]
DHIRENDRA ALIAS VS. STATE OF MAAHARASHTRA [LAWS(BOM)-2020-3-411] [REFERRED TO]
ASHOKSINH JORUBHA VAGHELA VS. STATE OF GUJARAT [LAWS(GJH)-2013-1-351] [REFERRED TO]
STATE OF GUJARAT VS. ASHOKKUMAR KANTILAL JANI [LAWS(GJH)-2012-3-124] [REFERRED TO]
JAYALAL SAHU AND VS. STATE OF ORISSA [LAWS(ORI)-1993-12-26] [REFERRED TO]
HAJABHAI RAJASHIBHAI ODEDARA VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-160] [REFERRED TO]
SUNIL CHAND JAIN VS. STATE [LAWS(DLH)-1994-12-51] [REFERRED]
JAHAN SANGHA VS. STATE OF ASSAM [LAWS(GAU)-1987-12-3] [REFERRED TO]
BHARAT SINGH & OTHERS VS. STATE OF U P [LAWS(ALL)-2018-5-568] [REFERRED TO]
UGGAN VS. STATE OF U P [LAWS(ALL)-2017-8-449] [REFERRED TO]
DINESHWAR CHANDRA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-11-57] [REFERRED TO]
RAJMAN YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-1-154] [REFERRED TO]
VISHAL YADAV VS. STATE OF U.P. [LAWS(DLH)-2014-4-24] [REFERRED TO]
KUMAR S/O. SH. RAMESH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-3-19] [REFERRED TO]
CHAND RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-1-13] [REFERRED TO]
DHARMA RAJAN VS. STATE OF KERALA [LAWS(KER)-2014-4-3] [REFERRED TO]
MAJEED S/O CHEMBAN KUNHAMU VS. STATE [LAWS(KER)-2014-11-219] [REFERRED TO]
STATE OF U P VS. KULDEEP [LAWS(ALL)-2007-7-117] [REFERRED TO]
BHARAT BHUSHAN VS. STATE [LAWS(DLH)-2011-8-141] [REFERRED TO]
TAMILARASAN VS. STATE [LAWS(CAL)-1997-2-56] [REFERRED TO]
BHAGWAN DASS VS. STATE OF NCT OF DELHI [LAWS(DLH)-2010-9-283] [REFERRED TO]
SRAWAN KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-40] [REFERRED TO]
HARISH SINGH ADHIKARI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2020-1-13] [REFERRED TO]
SUBODH KUMAR SHARMA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2021-11-76] [REFERRED TO]
KHOKAN SARKAR VS. STATE OF TRIPURA [LAWS(TRIP)-2019-4-18] [REFERRED TO]
K. C. RAMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2024-2-258] [REFERRED TO]
RAJESH RANJAN @ PAPPU YADAV VS. STATE OF BIHAR THROUGH THE C.B.I. [LAWS(PAT)-2013-5-35] [REFERRED TO]
ISHAQ VS. STATE OF U P [LAWS(ALL)-2017-9-295] [REFERRED TO]
VISHUN KUMAR & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-469] [REFERRED TO]
SHEO KUMAR @ BAGGAR VS. STATE OF U P [LAWS(ALL)-2017-9-267] [REFERRED TO]
NATIONAL FORUM ON PRISON REFORMS VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-12-47] [REFERRED TO]
NAKUL RAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-11-115] [REFERRED TO]
STATE OF GUJARAT VS. JADAV AND ORS. [LAWS(GJH)-2016-2-53] [REFERRED TO]
GIRISH KUMAR MARKAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-4-101] [REFERRED TO]
PARVINDER VS. STATE OF U P [LAWS(ALL)-2003-11-123] [REFERRED TO]
RAMDHARISING BHAMDARSING VS. STATE OF GUJARAT [LAWS(GJH)-2005-2-48] [REFERRED TO]
K G RAVEENDRAN VS. STATE OF KERALA [LAWS(KER)-2012-7-356] [REFERRED TO]
KRISHNA MOCHI VS. STATE OF BIHAR [LAWS(SC)-2002-4-60] [REFERRED]
NAGESH VS. STATE OF KARNATAKA [LAWS(SC)-2012-5-47] [REFERRED TO]
STATE OF GOA VS. RAJESH DESSAI [LAWS(BOM)-2014-11-193] [REFERRED TO]
STATE OF ODISHA VS. LABA @ KALIA MANNA [LAWS(ORI)-2020-11-3] [REFERRED TO]
STATE OF KERALA VS. MAVILA THAMBAN NAMBIAR [LAWS(KER)-1993-1-9] [REFERRED TO]
PRAVESH GOPE VS. STATE OF BIHAR [LAWS(PAT)-2003-4-43] [REFERRED TO]
KARRI THIRUPATHI VS. STATE OF A.P [LAWS(APH)-2011-11-52] [REFERRED TO]
SUNIL KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-20] [REFERRED TO]
BAHADUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-46] [REFERRED TO]
JASBIR SINGH VS. STATE [LAWS(DLH)-2022-5-21] [REFERRED TO]
SACHIN VS. STATE (NCT OF DELHI) [LAWS(DLH)-2019-10-53] [REFERRED TO]
GAJENDRA SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-5-204] [REFERRED TO]
NIVAS VS. STATE OF U P [LAWS(ALL)-2017-9-285] [REFERRED TO]
RAM LAKHAN VS. STATE [LAWS(ALL)-2017-11-79] [REFERRED TO]
CHANDRA PRAKASH @ PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2017-10-318] [REFERRED TO]
PEAR ALI GAZI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-33] [REFERRED TO]
VIKAS YADAV VS. STATE OF U P [LAWS(DLH)-2009-10-28] [REFERRED TO]
WAJID ALI VS. STATE OF J&K [LAWS(J&K)-1999-6-18] [REFERRED TO]
SUCHA SINGH VS. STATE OF PUNJAB [LAWS(SC)-2003-7-60] [REFERRED]
MAHENDRA PRATAP SINGH VS. STATE OF U P [LAWS(SC)-2009-2-18] [REFERRED TO]
MISREE VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-38] [REFERRED TO]
SURESH KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-41] [REFERRED TO]
SHIV KUMAR VS. STATE OF U.P. [LAWS(ALL)-2007-5-411] [REFERRED TO]
INDERPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1997-9-6] [REFERRED TO]
BHIKBHIBEN RAQTILAL JOSHI VS. KANTILAL PUNJABHAI PARMAR [LAWS(GJH)-2000-7-75] [REFERRED TO]
STATE OF GUJARAT VS. RAJUJI BADARJI [LAWS(GJH)-2006-10-40] [REFERRED TO]
STATE OF GUJARAT VS. SHIVNARESH PRUTHVINATH TRIVEDI AND ORS [LAWS(GJH)-2012-2-644] [REFERRED TO]
PATTU AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-495] [REFERRED TO]
STATE OF W B VS. CHANDRA NATH BANIK [LAWS(CAL)-1992-2-6] [REFERRED TO]
REKHA SHARMA AND ORS. VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2015-3-311] [REFERRED TO]
DARA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-8-167] [REFERRED TO]
RAJESH SHARMA VS. STATE OF UTTARANCHAL [LAWS(UTN)-2004-8-10] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
AMIR SINGH AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2020-5-22] [REFERRED TO]
RATNA GHOSH W/O SHIB SANKAR GHOSH VS. STATE OF TRIPURA [LAWS(GAU)-2012-10-75] [REFERRED TO]
INDRABAN CHAKMA @ BIJIMUA VS. STATE OF TRIPURA [LAWS(GAU)-2013-2-20] [REFERRED TO]
KULDIP CHANDRA TALUKDAR VS. STATE OF ASSAM [LAWS(GAU)-2002-10-1] [REFERRED TO]
MOIRANGTHEM TOMBA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1983-7-2] [REFERRED TO]
NAYAB VS. STATE [LAWS(DLH)-2022-10-106] [REFERRED TO]
JOHN PANDIAN VS. STATE [LAWS(MAD)-2006-4-116] [REFERRED TO]
TEJPAL SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-9-50] [REFERRED TO]
T P BASAVARAJU VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KAR)-2012-6-213] [REFERRED TO]
STATE OF GUJARAT VS. ASHOKKUMAR KANTILAL JANI [LAWS(GJH)-2012-3-587] [REFERRED TO]
VIMAL KUMAR BAHL VS. DRI [LAWS(DLH)-2009-11-186] [REFERRED TO]
RATTAN PAL VS. STATE OF NCT OF DELHI [LAWS(DLH)-2010-8-103] [REFERRED TO]
ARVIND ALIAS JAGDISH KUMAR VS. STATE OF THE NCT OF DELHI [LAWS(DLH)-2011-2-258] [REFERRED TO]
ABSAR ALAM ALIAS AFSAR ALAM VS. STATE OF BIHAR [LAWS(PAT)-2009-7-12] [REFERRED TO]
GANGA DEVI VS. STATE [LAWS(RAJ)-2014-4-109] [REFERRED TO]
CHINTAMANI PADHI VS. MANAGEMENT OF UCO BANK AND OTHERS [LAWS(ORI)-2017-7-20] [REFERRED TO]
ISHWAR YADAV PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-3-301] [REFERRED]
BHUSHAN KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-37] [REFERRED TO]
MISHRARAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-44] [REFERRED TO]
VISHNU DUTT SHARMA VS. STATE [LAWS(RAJ)-2006-7-81] [REFERRED TO]
SATTAR SK. AND ORS. VS. STATE OF WEST BENGAL [LAWS(CAL)-2016-3-31] [REFERRED TO]
SHAKRABHAI VALABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2003-8-9] [REFERRED]
FRANK KINGSLEY UGOCHUKWU VS. DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(DLH)-2014-12-83] [REFERRED TO]
MAHESH VS. STATE OF U P [LAWS(ALL)-2017-9-258] [REFERRED TO]
NANDE @ TAPESHWARI PRASAD VS. STATE OF U P [LAWS(ALL)-2017-8-475] [REFERRED TO]
GUDDOO AND OTHERS VS. STATE OF U P [LAWS(ALL)-2017-8-494] [REFERRED TO]
IBRAHIM @ PAPPU (JAIL APPEAL) VS. STATE OF U P [LAWS(ALL)-2016-6-89] [REFERRED]
JAGAN NATH AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-10-319] [REFERRED TO]
CHAMAN AND ANOTHER VS. STATE OF UTTRAKHAND [LAWS(SC)-2016-4-20] [REFERRED TO]
MAHENDRA PRATAP SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2009-2-12] [REFERRED TO]
KALU SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-22] [REFERRED TO]
KAMLAKAR S/O RAOJI WAGHADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-12-199] [REFERRED TO]
ISHWAR CHAND VS. STATE [LAWS(DLH)-2009-8-372] [REFERRED TO]
K. POOJA VS. STATE OF KARNATAKA [LAWS(KAR)-2024-2-109] [REFERRED TO]
RAVI KUMAR S/O. SH. KEETO RAM, CASTE NATH, VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-3-342] [REFERRED TO]
STATE OF RAJASTHAN VS. ASHA ALIAS ASHANAND [LAWS(RAJ)-1989-8-59] [REFERRED TO]
AKHIL KUMAR AGARWAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-9-46] [REFERRED TO]
STATE OF KARNATAKA VS. SELVI J. JAYALALITHA & ORS. [LAWS(SC)-2017-2-29] [REFERRED TO]
JEEVAN SINGH VERMA VS. STATE OF M P [LAWS(MPH)-2001-5-9] [REFERRED TO]
GOVIND VS. STATE OF M P [LAWS(MPH)-2004-10-1] [REFERRED TO]
MOHD. SAGIR BASHIR CHAUHAN VS. DEPUTY INSPECTOR GENERAL OF PRISONS [LAWS(BOM)-2022-11-119] [REFERRED TO]
YAKUB ALI VS. STATE OF TRIPURA [LAWS(GAU)-2004-4-19] [REFERRED TO]
PUVVULA SIDDAIAH VS. STATE OF A.P. REPRESENTED BY THE PUBLIC PROSECUTOR [LAWS(APH)-2011-11-50] [REFERRED TO]
JAI ASEEM EKKA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-112] [REFERRED TO]
BRIJESH PRASAD MISHRA @ MUNNOO MAHARAJ & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-247] [REFERRED TO]
AZAD VS. STATE OF U P [LAWS(ALL)-2017-8-492] [REFERRED TO]
CHANDRAMOHAN SANU VS. STATE OF ORISSA [LAWS(ORI)-2008-11-2] [REFERRED TO]
BIJU ALIAS JOSEPH VS. STATE OF KERALA [LAWS(KER)-2012-7-15] [REFERRED TO]
PATTU RAJAN VS. STATE OF TAMIL NADU [LAWS(SC)-2019-3-151] [REFERRED TO]
Samtul Dhobi Suklal Dhobi VS. State of Bihar [LAWS(PAT)-1993-3-26] [REFERRED TO]
HELAL UDDIN SK AND ORS. VS. THE STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-10-3] [REFERRED TO]
SHRI BHARAT BHUSAN VS. STATE OF MEGHALAYA [LAWS(MEGH)-2017-4-7] [REFERRED TO]
STATE OF GUJARAT VS. PATEL ASHWINKUMAR RANCHODBHAI [LAWS(GJH)-2008-5-163] [REFERRED TO]
STATE OF GUJARAT VS. VIRENDRABHAI ALIAS NIKULBHAI AMRUTBHAI PATEL [LAWS(GJH)-2006-12-97] [REFERRED TO]
STATE OF GUJARAT VS. MIYAMA ABHRAM MAMAD [LAWS(GJH)-2004-4-87] [REFERRED TO]
K. C. RAMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2024-2-261] [REFERRED TO]
JALSU RAUTIYA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-12-11] [REFERRED TO]
STATE OF GUJARAT VS. KINIT JAYANATILAL AMIN AND ORS. [LAWS(GJH)-2015-11-2] [REFERRED TO]
AWADESH KUMAR AWASTHI VS. STATE OF U.P. [LAWS(ALL)-2016-6-4] [REFERRED TO]
MUNENDRA VS. STATE OF U.P. [LAWS(ALL)-2012-12-41] [REFERRED TO]
INDAL KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2017-12-1] [REFERRED TO]
SHIVLAL TUDDU, SON OF MUNSHI TUDDU VS. STATE OF BIHAR [LAWS(PAT)-2018-1-85] [REFERRED TO]


JUDGEMENT

V. R. Krishna Iyer, J. - (1.)Mr. Frank Anthony has argued elaborately, punctuated with strident emphasis, several points in support of the innocence of the petitioners who have been convicted under S. 302 read with S. 34 and S. 307 I.P.C. The High Court has affirmed the conviction entered by the trial court and sentences of life imprisonment have been awarded by both the courts for both the accused. Certainly, some persuasive factors, which may militate against the culpability of the accused and the prosecution version of the precise nature of the occurrence, were brought to our notice by counsel who also strongly urged that there were embellishments and improbabilities invalidating the conviction. We have had the advantage of perusing the extensively spread-out judgment of the High Court, in the light of the critical arguments addressed, but remain unconvinced that there is any serious error which warrants grant of leave.
(2.)Credibility of testimony, oral circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that it should be perfect. If a case is proved too perfectly, it is urged that it is artificial; if a case has some flaws, inevitable because human beings are prone to err, it is argued that it is too imperfect. One wonders whether in the meticulous hypersensitivity to eliminate a rare innocent from being punished, many guilty men must be callously allowed to escape. Proof beyond reasonable doubt is a guideline, not a fetish and guilty man cannot get away with it because truth suffers some infirmity when projected through human processes. Judicial quest for perfect proof often accounts for police presentation of fool-proof concoction. Why fake up Because the court asks for manufacture to make truth look true No, we must be realistic.
(3.)We are satisfied that the broad features of the case, the general trend of the testimony and the convincing array of facts which are indisputable, converge to the only conclusion that may be reasonably drawn, namely, that the accused are guilty. Theoretical possibilities may not shake up, fancied weaknesses may not defeat, when verdicts are rested on sure foundations. Stray chances of innocence haunting the corridors of the court cannot topple concurrent findings of guilt.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.