STATE OF RAJASTHAN Vs. THAKUR SINGH
LAWS(SC)-2014-6-19
SUPREME COURT OF INDIA
Decided on June 30,2014

STATE OF RAJASTHAN Appellant
VERSUS
THAKUR SINGH Respondents





Cited Judgements :-

BISHO YADAV S/O LATE MUNGALAL YADAV VS. STATE OF BIHAR [LAWS(PAT)-2017-10-3] [REFERRED TO]
RAJESHWAR RAI VS. THE STATE OF BIHAR [LAWS(PAT)-2015-3-30] [REFERRED TO]
THE STATE OF WEST BENGAL VS. DEBABRATA DAS [LAWS(CAL)-2016-3-18] [REFERRED TO]
BADRI AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2018-9-121] [REFERRED TO]
KESHWAR RAM BHAGAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-11-67] [REFERRED TO]
DHARMENDRA KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-12-145] [REFERRED TO]
VICKY VS. STATE OF DELHI [LAWS(DLH)-2015-5-105] [REFERRED TO]
MUZAFFAR KHAN ALIAS JAFARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-1-66] [REFERRED TO]
KUMER SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-179] [REFERRED TO]
SANTOSH & ANR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-329] [REFERRED TO]
HARI RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-251] [REFERRED TO]
GOPI JIBAN KARMAKAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-7-26] [REFERRED TO]
MAHADEB MAL@ GERU VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-11-29] [REFERRED TO]
BIRLA CORPORATION LTD. VS. BHUPEN HALDER [LAWS(CAL)-2015-6-126] [REFERRED]
PANCHAM DHOBI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-11-160] [REFERRED TO]
BASANT PANDE VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-10-83] [REFERRED TO]
SOMARURAM BAGHEL VS. STATE OF C G [LAWS(CHH)-2017-7-49] [REFERRED TO]
JANGALSAI PANDO S/O MUNDA PANDO VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-100] [REFERRED TO]
RAVI KUMAR ALIAS GOLU YADAV S/O PUNIT RAM YADAV VS. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE [LAWS(CHH)-2017-9-38] [REFERRED TO]
VINOD KUMAR S/O BISNATH NAI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-137] [REFERRED TO]
VIPIN VS. STATE OF U.P. [LAWS(ALL)-2022-7-69] [REFERRED TO]
DHARMENDRA RAJBHAR VS. STATE OF U.P. [LAWS(ALL)-2021-1-13] [REFERRED TO]
RAM KISHORE DUBEY VS. STATE OF U P [LAWS(ALL)-2015-4-1] [REFERRED TO]
SALIM HUSSAIN VS. STATE [LAWS(DLH)-2015-4-131] [REFERRED TO]
KARUPPAIAH VS. STATE [LAWS(MAD)-2022-11-123] [REFERRED TO]
JITENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-8-152] [REFERRED TO]
MANGATU RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-294] [REFERRED TO]
KANNAN VS. STATE [LAWS(MAD)-2014-9-352] [REFERRED TO]
JAITA BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-451] [REFERRED TO]
STATE OF M P VS. GIRWAR SINGH [LAWS(MPH)-2018-2-393] [REFERRED TO]
KAMAL SINGH VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-259] [REFERRED TO]
ROHNI PRASAD S/O CHURAMANI BARMAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-43] [REFERRED TO]
BHAIYARAM YADAV VS. STATE OF M P [LAWS(MPH)-2018-7-68] [REFERRED TO]
SANJAY VS. STATE OF M.P [LAWS(MPH)-2022-6-5] [REFERRED TO]
HALLEY BHAI @ GADIVAAN VS. STATE OF M P [LAWS(MPH)-2018-2-361] [REFERRED TO]
SMT. JAITA BAI VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-482] [REFERRED TO]
ANJU SINGH VS. THE STATE OF M.P. [LAWS(MPH)-2018-2-522] [REFERRED TO]
SHIVLAL TUDDU, SON OF MUNSHI TUDDU VS. STATE OF BIHAR [LAWS(PAT)-2018-1-85] [REFERRED TO]
RAKESH KUMAR VS. STATE (GNCTD) [LAWS(DLH)-2018-7-597] [REFERRED TO]
TULSI RAM VS. STATE [LAWS(DLH)-2017-3-28] [REFERRED TO]
MAHMOOD VS. STATE OF U.P. [LAWS(ALL)-2019-4-353] [REFERRED TO]
SHABBIR VS. STATE OF U.P. [LAWS(ALL)-2019-7-30] [REFERRED TO]
BOBY @ SUSHIL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-9-36] [REFERRED TO]
LALBAHADUR SINGH, S/O RAM PRASAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-6-38] [REFERRED TO]
MOHD. KHAN ALIAS TETKU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-99] [REFERRED TO]
PRAVAKAR KANDI AND ANOTHER VS. STATE OF ORISSA [LAWS(ORI)-2018-4-127] [REFERRED TO]
SURAJ JAGANNATH JADHAV VS. STATE OF MAHARASHTRA (THROUGH DEHU ROAD POLICE STATION, DEHU ROAD, DISTRICT PUNE) [LAWS(BOM)-2018-10-105] [REFERRED TO]
THE STATE OF WEST BENGAL VS. LAL CHAND MIA @ ABDUL LATIF & ORS [LAWS(CAL)-2017-2-7] [REFERRED TO]
SK SABER ALI @ APEL VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-12-48] [REFERRED TO]
VINOD KUMAR KHADIA VS. STATE OF H.P. [LAWS(HPH)-2019-7-163] [REFERRED TO]
RANJIT KUMAR HALDAR VS. STATE OF SIKKIM [LAWS(SC)-2019-7-101] [REFERRED TO]
SUNITA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-5-197] [REFERRED TO]
KAMAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-131] [REFERRED TO]
NINGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-154] [REFERRED TO]
SANDU S/O KISAN SHELKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-228] [REFERRED TO]
NEELAM KUMARI AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-7-63] [REFERRED TO]
MEHTAB SINGH @ MUNNA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-11-63] [REFERRED TO]
LARHA RAM VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-73] [REFERRED TO]
MAHESH VS. STATE OF U P [LAWS(ALL)-2018-11-112] [REFERRED TO]
RAMPAL VS. STATE OF U P [LAWS(ALL)-2017-6-70] [REFERRED TO]
AKHTAR VS. STATE OF U.P. [LAWS(ALL)-2019-2-310] [REFERRED TO]
MD MOSLEMUDDIN & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-200] [REFERRED]
MOSLEMUDDIN AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-7-77] [REFERRED TO]
RATAN DAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-8-52] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. CRIMINAL APPEAL NO. 701 OF 2016.<P> NITIN BALKISAN GAIKWAD, AGE : 32 YEARS, OCCU. SERVICE, R/O. QUARTER NO. E5, KRUSHI MAHAVIDYALAYA EMPLOYEES QUARTERS, PAROLA ROAD, DHULE. [LAWS(BOM)-2017-3-136] [REFERRED TO]
SUNIL VITHAL RAUT VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-67] [REFERRED TO]
SHYAM SON OF SOHAN LAL VS. STATE OF RAJASTHAN THROUGH P P [LAWS(RAJ)-2015-4-275] [REFERRED TO]
KHUMAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-1-431] [REFERRED TO]
MUNNA @ MANSHALAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-5-254] [REFERRED TO]
JOGESWAR TELI @ SAHU JORHAT VS. STATE OF ASSAM [LAWS(GAU)-2020-1-32] [REFERRED TO]
APPA VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2014-11-88] [REFERRED TO]
CHARAN SAI DHOBI S/O SUKHRAM DHOBI VS. STATE OF CHHATTISGARH THROUGH POLICE STATION KAMLESHWARPUR [LAWS(CHH)-2018-8-84] [REFERRED TO]
RAMNATH SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-85] [REFERRED TO]
NASEEM AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-3-62] [REFERRED TO]
DEVNARAYAN AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-278] [REFERRED TO]
HAZARA BEGUM VS. STATE OF A.P. [LAWS(TLNG)-2018-6-3] [REFERRED TO]
KARAN PRASAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-5-102] [REFERRED TO]
JITENDRA MOTILAL NIRMAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-10-369] [REFERRED TO]
MUZAFFAR KHAN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-1-57] [REFERRED TO]
SUNDER LAL MEHRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-2-109] [REFERRED TO]
LAKHAN PRASAD MISHRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-110] [REFERRED TO]
ASHOK DUBEY VS. THE STATE OF M.P. [LAWS(MPH)-2018-6-258] [REFERRED TO]
SHIV SHANKAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-6-47] [REFERRED TO]
LOCHAN SINGH VERMA S/O GANPAT VERMA VS. STATE OF CHHATTISGARH THROUGH PS BEMETARA [LAWS(CHH)-2017-7-50] [REFERRED TO]
VARUN KUMAR PANDEY VS. STATE OF CHHATTISGARH THROUGH DISTRICT MAGISTRATE [LAWS(CHH)-2018-3-87] [REFERRED TO]
NANDU PAHADI KORVA S/O LATE THAKUR PAHADI KORWA VS. STATE OF CHHATTISGARH THROUGH OUT POST BARIYON [LAWS(CHH)-2018-1-101] [REFERRED TO]
SANTOSH KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-30] [REFERRED TO]
RANVIR LAHARI VS. STATE OF CHHATTISGARH THROUGH POLICE STATION DISTR [LAWS(CHH)-2018-3-98] [REFERRED TO]
RAM KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2015-5-470] [REFERRED TO]
MEENA VS. STATE OF U. P. [LAWS(ALL)-2021-3-54] [REFERRED TO]
MAZIDUL MIAH @ MIA & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2020-6-20] [REFERRED TO]
STATE OF MAHARASHTRA VS. NITIN BALKISAN GAIKWAD [LAWS(BOM)-2017-3-21] [REFERRED TO]
PAPPU KHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-1-454] [REFERRED TO]
MANGERAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-199] [REFERRED TO]
PUNJA PANDURANG GODHADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-304] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-1-241] [REFERRED TO]
RAM KUMAR VS. STATE OF U P [LAWS(ALL)-2015-5-82] [REFERRED TO]
NUPUR TALWAR VS. STATE OF U.P. [LAWS(ALL)-2017-10-2] [REFERRED TO]
RAM DEV VS. STATE OF U.P. [LAWS(ALL)-2020-4-14] [REFERRED TO]
KESAR BAI SHENDE VS. STATE OF CHHATTISGARH THROUGH P S GUDIYARI [LAWS(CHH)-2018-3-83] [REFERRED TO]
LOCHAN DAS MAHANT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-88] [REFERRED TO]
PILURAM VS. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICE [LAWS(CHH)-2018-3-72] [REFERRED TO]
REETA BAKHLA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-9-91] [REFERRED TO]
DAMESHWARRAM VS. STATE OF C.G. [LAWS(CHH)-2017-3-23] [REFERRED TO]
NARESH BAGHEL S/O SAMPAT BAGHEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-131] [REFERRED TO]
HARISHANKAR VISHWAKARMA, S/O TORAN SINGH VISHWAKARMA VS. STATE OF CHHATTISGARH THROUGH - DISTRICT MAGISTRATE [LAWS(CHH)-2018-10-132] [REFERRED TO]
UME LAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-1-74] [REFERRED TO]
KANNAN VS. STATE [LAWS(MAD)-2014-8-223] [REFERRED TO]
STATE OF MAHARASHTRA VS. CHANDRAKANT VASANT AYARE [LAWS(BOM)-2015-2-185] [REFERRED TO]
STATE VS. CHAND BEE [LAWS(KAR)-2016-6-263] [REFERRED]
RAVINDRA @ RAVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-12-150] [REFERRED TO]
MUKESH AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-233] [REFERRED TO]
SONICA MALHOTRA AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-1-237] [REFERRED TO]
VINAYAK S/O SADASHIV JADHAV VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-3-4] [REFERRED TO]
PARITOSH NATH @ BABU VS. STATE OF TRIPURA [LAWS(TRIP)-2020-7-59] [REFERRED TO]
ARUN KUMAR SINGH @ ARUN KR. SINGH, SON OF LATE DINESH SINGH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-365] [REFERRED TO]
KHILA DEVI VS. STATE OF UTTARAKHAND AND ORS. [LAWS(UTN)-2020-7-24] [REFERRED TO]
SAHDEV MAJHWAR VS. STATE OF CHHATTISGARH THROUGH IN-CHARGE POLICE STA [LAWS(CHH)-2018-6-31] [REFERRED TO]
MANIRAM MANJHWAR S/O LORI RAM MANJHWAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-26] [REFERRED TO]
PRAMOD @ GOLU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-2-82] [REFERRED TO]
FOOLDAS PARADHI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-8-128] [REFERRED TO]
GAJENDRA KOSARIYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-6-68] [REFERRED TO]
MOHAN KASHYAP S/O URDORAM KASHYAP VS. STATE OF CHHATTISGARH THROUGH [LAWS(CHH)-2018-1-100] [REFERRED TO]
ANIL KUMAR VS. STATE OF U.P. [LAWS(ALL)-2018-2-34] [REFERRED TO]
CHANDRA SHEKHAR YADAV VS. STATE OF U P [LAWS(ALL)-2019-3-6] [REFERRED TO]
SMT. JITESHWARI BAI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-10-5] [REFERRED TO]
ANIL KUMAR SINGH VS. STATE OF M.P. (NOW C.G.) [LAWS(CHH)-2015-10-56] [REFERRED TO]
AZIM KHAN VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2016-5-217] [REFERRED TO]
SOHAN SINGH VS. STATE [LAWS(DLH)-2018-7-16] [REFERRED TO]
MUZAFFAR KHAN ALIAS JAFARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-1-88] [REFERRED TO]
SIDDAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-1497] [REFERRED TO]
BASHA VS. STATE [LAWS(MAD)-2022-9-133] [REFERRED TO]
SHYOPAL S/O SHRI GHEESA RAM @ GHASI RAM VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2017-2-255] [REFERRED TO]
NANDKISHOR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-193] [REFERRED TO]
SEEMA SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-309] [REFERRED TO]
MEWA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-237] [REFERRED TO]
HARPAL SINGH @ HARBABU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-168] [REFERRED TO]
VISHAMBHAR DAYAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-231] [REFERRED TO]
BHARATBHAI MEGHABHAI KOLI VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-84] [REFERRED TO]
NEYAZ ANSARI VS. STATE OF BIHAR [LAWS(PAT)-2019-10-25] [REFERRED TO]
BHAGWAN DAS ALIAS BABLU VS. STATE OF M.P. [LAWS(MPH)-2018-4-158] [REFERRED TO]
NARAYAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-2-208] [REFERRED TO]
ANJU SINGH VS. STATE OF M P [LAWS(MPH)-2018-2-324] [REFERRED TO]
NIGAM DAS VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-110] [REFERRED TO]
KASHIRAM, S/O BUDDH KORKU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-9-104] [REFERRED TO]
GAJRAJ VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-8-164] [REFERRED TO]
MOHAMMAD YUSUF, S/O MOHAMMAD SIDDIQUE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-7-194] [REFERRED TO]
HANUMAT SINGH, S/O KAMMOD SINGH THAKUR VS. STATE OF MADHYA PRADESH, THROUGH STATION HOUSE OFFICER [LAWS(MPH)-2017-10-166] [REFERRED TO]


JUDGEMENT

- (1.)The question for consideration is whether the facts and circumstances of the case require the application of Section 106 of the Evidence Act, 1872 and if so, whether the respondent/accused is guilty of the murder of his wife Dhapu Kunwar. In our opinion, both questions need to be answered in the affirmative and the High Court rendered a decision, perverse in law, in acquitting Thakur Singh and reversing the decision of the Trial Court.
The Facts

(2.)According to the first information report (FIR) lodged by Himmat Singh (PW-2), the respondent/accused Thakur Singh was married to Dhapu Kunwar and they had a daughter aged about one year. Thakur Singh was working as a labourer or lorry driver in Ahmadabad. Since he was not feeling well, he was brought to the family home in Hingwania in Rajasthan on 25th February, 1999 where he stayed the whole day.
(3.)On 26th February, 1999 Thakur Singh's brother Bagh Singh (PW-3) was sent to fetch his brother-in-law Gotu Singh (brother of Dhapu Kunwar) who then came to Hingwania. He seems to have stayed overnight and on 27th February, 1999 Gotu Singh and Thakur Singh were together for most of the day. In the evening at about 4.30 p.m. on 27th February, 1999 Gotu Singh went to Gundli and stayed there overnight. He came back to Hingwania the next morning (28th February, 1999) at about 7.45 a.m.


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