BRATHI ALIAS SUKHDEV SINGH Vs. STATE OF PUNJAB
LAWS(SC)-1990-10-53
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on October 31,1990

BRATHI ALIAS SUKHDEV SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

SARAT BOURI VS. STATE [LAWS(CAL)-2010-2-65] [REFERRED TO]
SHRAWAN KUMAR MAURYA VS. STATE OF U.P. [LAWS(ALL)-2022-7-5] [REFERRED TO]
DHAN JI AHIR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-10-13] [REFERRED TO]
NAND KISHORE VS. STATE OF MADHYA PRADESH [LAWS(SC)-2011-7-58] [REFERRED TO]
SHEMI @ SOHAN S/O JOHNSON VS. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR [LAWS(KER)-2017-12-108] [REFERRED TO]
KARAMJIT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-24] [REFERRED TO]
KASHMIR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1995-11-6] [REFERRED TO]
ASSAD SOFI VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2000-11-1] [REFERRED TO]
KHUJJIALIASSURENDRA TIWARI VS. STATE OF MADHYA PRADESH [LAWS(SC)-1991-7-40] [FOLLOWED]
GOLLA PULLANNA VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1996-8-40] [RELIED ON]
SHYAMAL GHOSH VS. STATE OF WEST BENGAL [LAWS(SC)-2012-7-30] [REFERRED TO]
JASDEEP SINGH @ JASSU VS. STATE OF PUNJAB [LAWS(SC)-2022-1-19] [REFERRED TO]
ASHARAM TIWARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-3-73] [REFERRED TO]
VIJENDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-6] [REFERRED TO]
ARJUN RAM VS. STATE OF RAJ [LAWS(RAJ)-2013-5-190] [REFERRED TO]
PRAKASH @ OM PRAKASH VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2004-10-47] [REFERRED TO]
GURNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2002-12-99] [REFERRED TO]
FAIAZ ALIAS FAIZ VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-5-85] [REFERRED TO]
RISHI TANDAN VS. STATE OF U P [LAWS(ALL)-2016-5-358] [REFERRED]
SMT. MONA VS. STATE OF U.P. [LAWS(ALL)-2017-10-257] [REFERRED TO]
GANGA SINGH @ GANGA RAM VS. STATE OF U P [LAWS(ALL)-2018-11-229] [REFERRED TO]
V RAVI S O VELAYUDHAN VS. STATE OF KERALA [LAWS(KER)-1993-9-3] [REFERRED TO]
SHAJI VS. STATE OF KERALA [LAWS(KER)-2005-4-22] [REFERRED TO]
GANPAD SINGH @ GANNU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-321] [REFERRED TO]
MAHAVEER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-8-35] [REFERRED TO]
JAMUNA SINGH VS. STATE OF BIHAR [LAWS(PAT)-1997-1-43] [REFERRED TO]
MANOJ KUMAR ALIAS FANTUS VS. STATE OF BIHAR [LAWS(PAT)-1991-7-8] [REFERRED TO]
ONKAR ALIAS FAKKAD SINGH VS. STATE OF M P [LAWS(MPH)-2017-10-293] [REFERRED TO]
PREM SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-114] [REFERRED TO]
RAKESH AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-294] [REFERRED TO]
SUBHASH DNYANOBA SALVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-9-9] [REFERRED TO]
DATTATRAYA KUNDLIK GUND VS. STATE OF MAHARASHTRA [LAWS(BOM)-1999-4-29] [REFERRED TO]
SUNIL VS. STATE OF U.P. [LAWS(ALL)-2020-1-128] [REFERRED TO]
RAM LAKHAN AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-5-512] [REFERRED]
YASEEN VS. STATE OF U P [LAWS(ALL)-2015-8-13] [REFERRED TO]
RAJPUT ANIL RAMSINH VS. STATE OF GUJARAT [LAWS(GJH)-1991-4-3] [REFERRED TO]
JEEVA ALIAS KHEMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-8-32] [REFERRED TO]
SRI RANGA THEVAR AND OTHERS VS. THE STATE BY SUB-INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION [LAWS(MAD)-2006-1-247] [REFERRED TO]
SUBAL GHORAI VS. STATE OF WEST BENGAL [LAWS(SC)-2013-4-16] [REFERRED TO]
ABBAS AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2016-6-113] [REFERRED]
LALAU VS. STATE OF U.P. [LAWS(ALL)-2016-5-228] [REFERRED TO]
PRABHU AGED ABOUT 60 YEARS VS. THE STATE OF U.P. [LAWS(ALL)-2017-3-264] [REFERRED TO]
MAHAVIR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2017-4-216] [REFERRED TO]
ANGELA DINIZ VS. STATE [LAWS(BOM)-2012-1-63] [REFERRED TO]
BABARIYA VS. STATE OF M P [LAWS(MPH)-2002-7-28] [REFERRED TO]
BOLLAPU RAJASEKHARA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1993-2-69] [REFERRED TO]
RAMSWAROOP VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-5-52] [REFERRED TO]
KURIA VS. STATE OF RAJASTHAN [LAWS(SC)-2012-9-75] [REFERRED TO]
TAPAT BAHADUR SHAHI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-81] [REFERRED TO]
TAKKI MOHD. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-85] [REFERRED TO]
VINOD KUMAR AND ORS. VS. STATE OF H.P. [LAWS(HPH)-2015-9-53] [REFERRED TO]
AHALI SAHU VS. BIMAL KUMAR GHOSH [LAWS(ORI)-1997-6-9] [REFERRED TO]
JAGGA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1992-8-1] [REFERRED TO]
VIJAY KUMAR ARORA VS. STATE [LAWS(DLH)-2008-5-349] [REFERRED TO]
STATE VS. PAWAN @ HAWALDAR [LAWS(DLH)-2016-2-367] [REFERRED TO]
MUMTAZ VS. STATE OF U P [LAWS(ALL)-2016-5-347] [REFERRED]
QAIYUM MIAN VS. STATE OF BIHAR [LAWS(PAT)-1992-4-3] [REFERRED TO]
HARI SHANKERS VS. STATE OF UTTAR PRADESH [LAWS(SC)-2015-4-83] [REFERRED TO]
RAM SINGH VS. STATE OF M.P. [LAWS(MPH)-1992-6-34] [REFERRED TO]
PRIYA NATH BASURI VS. STATE OF W B [LAWS(CAL)-2005-8-98] [REFERRED TO]
SHAJI VS. STATE OF KERALA [LAWS(KER)-2005-4-18] [REFERRED TO]
MUHAMMED IQBAL VS. STATION HOUSE OFFICER, MANJESHWAR POLICE STATION AND ANOTHER [LAWS(KER)-2018-10-374] [REFERRED TO]
HARI ALIAS HARIHAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-1999-9-68] [REFERRED TO]
RAMAGYA MAHTO VS. STATE OF BIHAR [LAWS(PAT)-1997-5-48] [REFERRED TO]
HASAN MOHAMMED VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2012-7-111] [REFERRED TO]
VINOD KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2003-1-134] [REFERRED TO]
STATE OF ASSAM VS. ABDUL KUDDUS [LAWS(GAU)-2001-6-23] [REFERRED TO]
CHUNAN SINGH VS. STATE OF U P [LAWS(ALL)-2015-5-158] [REFERRED TO]
ANANT RAM VS. STATE OF U.P. [LAWS(ALL)-2017-4-169] [REFERRED TO]
BALWAN SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1993-10-14] [REFERRED TO]
SURINDER KUMAR BALI VS. STATE [LAWS(DLH)-2009-11-235] [REFERRED TO]
RAJOO ALIAS RAJESH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-10-295] [REFERRED]
JITENDRA MALAKAR VS. STATE OF TRIPURA [LAWS(GAU)-2011-1-7] [REFERRED TO]
JITENDRA MALAKAR VS. STATE OF TRIPURA [LAWS(GAU)-2011-1-7] [REFERRED TO]
TITAN DEY VS. STATE OF TRIPURA [LAWS(GAU)-2011-8-29] [REFERRED TO]
TULIP STAR HOTELS LTD VS. SPECIAL DIRECTOR OF ENFORCEMENT [LAWS(BOM)-2010-10-169] [REFERRED TO]
BAIJ NATH & OTHERS VS. STATE [LAWS(ALL)-2015-7-377] [REFERRED]
SHYAM KUMAR VS. STATE OF U P [LAWS(ALL)-2015-9-405] [REFERRED]
MOHAMMAD YUNUS VS. STATE OF U P [LAWS(ALL)-2016-1-315] [REFERRED]
RAMESH CHANDRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-5-28] [REFERRED TO]
ARJUNAN VS. STATE [LAWS(MAD)-1992-4-34] [REFERRED TO]
RAJA RAM VS. STATE [LAWS(DLH)-2015-5-437] [REFERRED TO]
KADORI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-210] [REFERRED TO]
HABIB VS. STATE OF UTTAR PRADESH [LAWS(SC)-2013-5-2] [REFERRED TO]
B. RAGHUVIR ACHARYA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2013-7-16] [REFERRED TO]
HARIRAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-25] [REFERRED TO]
RAJAN VS. STATE OF HARYANA [LAWS(P&H)-2012-1-774] [REFERRED]
PAVINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-11-34] [REFERRED TO]


JUDGEMENT

- (1.)Sukhdev Singh, the appellant, and his uncle Teja Singh were tried on the charge under S. 302/34, I.P.C., for the murder of one Sucha Singh. The trial court acquitted Teja Singh and convicted Sukhdev Singh for the offence under S. 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-. The State did not file any appeal against the order of acquittal. Sukhdev Singh, appealed against his conviction. The High Court altered the conviction of Sukhdev Singh to one under S. 302 read with S .34, I.P.C., and maintained the sentence. This appeal by special leave is directed against the judgment of the High Court.
(2.)The occurrence that resulted in the death of Sucha Singh happened on January 1, 1975 at 3.30 p. m. The prosecution alleged that Sukhdev Singh and Teja Singh in furtherance of their common intention attacked Sucha Singh with kirpans while he was returning home from his field along the street in the village accompanied by his son Gurdev Singh and married daughter Gurdev Kaur. The eyewitness account of the incident was that. Sukhdev Singh first attacked Sucha Singh with the kirpan, the blow was warded off receiving an injury in the thumb, Teja Singh then delivered a blow with kirpan on his head, Sucha Singh fell down wounded and against Sukhdev Singh and Teja Singh dealt one blow each causing injuries on the left side of the ear and below the mandible, and escaped from the scene when the witnesses made an alarm, The motive alleged was enmity since Mangal Singh, the father of Sukhdev Singh and brother of Teja Singh was murdered by Sucha Singh, who was later on acquitted of the charge. Sucha Singh died at the hospital and the first information report was lodged at 8.15 p.m., the same day. The medical evidence disclosed that the deceased had four ante-mortem injuries of which the incised wound on the head cutting the parietal bones and the brain was fatal and that he died on account of shock and haemorrhage as a result of the injuries. The fatal injury was attributed to Teja Singh and he was charged under S. 302, I.P.C., and the appellant who was alleged to have caused the minor injuries on the hand and the scalp was charged under Section 302/34, I.P.C.
(3.)The two accused persons denied their charges. Teja Singh further pleaded alibi and tendered evidence by examining Uggar Singh, DW-1, and Mukand Singh, DW-2. The two, eye-witnesses, Gurdev Singh (PW-8) and. Gurdev Kaur (PW-9), narrated the prosecution version implicating both Sukhdev Singh and Teja Singh. The learned Sessions Judge in the light of the defence evidence held the view that Teja Singh was falsely implicated, gave him the benefit of doubt and acquitted him of the charge. However, believing the testimony of the two eye-witnesses, corroborated by medical evidence, the learned Judge found Sukhdev Singh guilty and convicted and sentenced him under S. 302, I.P.C.
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