NAR SINGH Vs. STATE OF HARYANA
LAWS(SC)-2014-11-10
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 11,2014

NAR SINGH Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

KANO BASKI VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-10-60] [REFERRED TO]
TENGSAL D. SANGMA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2022-6-1] [REFERRED TO]
LALAN KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2017-4-11] [REFERRED TO]
AJAY KR. GHOSHAL AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-54] [REFERRED TO]
MD. SAHID KHAN VS. STATE OF ASSAM [LAWS(GAU)-2021-12-64] [REFERRED TO]
SURJAN & OTHERS VS. STATE OF U P [LAWS(ALL)-2018-5-113] [REFERRED TO]
VAIBHAV JAIN AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2020-9-55] [REFERRED TO]
VAIBHAV JAIN VS. STATE OF U.P. [LAWS(ALL)-2020-9-19] [REFERRED TO]
ANANT RAMCHANDRA KHANDALKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-125] [REFERRED TO]
KORES (INDIA) LTD. VS. ASHISH KUMAR AHOOJA [LAWS(BOM)-2024-5-28] [REFERRED TO]
SUNIL VS. STATE OF NCT OF DELHI [LAWS(SC)-2023-9-57] [REFERRED TO]
DR. YUVRAJ SINGH VS. STATE OF U.P [LAWS(ALL)-2017-8-88] [REFERRED TO]
JAI KARAN PASI VS. STATE OF U.P. [LAWS(ALL)-2019-5-341] [REFERRED TO]
BUBAI HALDER AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-9-43] [REFERRED TO]
BULU MYEA AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-10-35] [REFERRED TO]
TAPAN SARDAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-2-50] [REFERRED TO]
SURAJ BHAN VS. STATE OF HARYANA [LAWS(P&H)-2015-8-150] [REFERRED TO]
VYASH MISHRA VS. THE STATE OF BIHAR [LAWS(PAT)-2015-5-129] [REFERRED TO]
CHANDRASHEKAR VS. H M NINGARAJU [LAWS(KAR)-2023-4-536] [REFERRED TO]
KARAN VS. STATE OF HARYANA [LAWS(P&H)-2022-9-240] [REFERRED TO]
GAYARAM DHARA & ANR VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-9-148] [REFERRED]
RAJEN CHHETRI & ANR. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-2-17] [REFERRED TO]
KRISHNA VEER VS. STATE OF U. P. [LAWS(ALL)-2022-9-165] [REFERRED TO]
ROHAN HARISHCHANDRA SHEDGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-98] [REFERRED TO]
STATE OF MAHARASHTRA VS. SAGAR VISHWANATH BORKAR [LAWS(BOM)-2021-9-180] [REFERRED TO]
BAPPA PASWAN @ BIJOY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-4-69] [REFERRED TO]
SHIB SHANKAR DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-2-111] [REFERRED TO]
SAMBAR KHARTHANGMAW VS. STATE OF MEGHALAYA [LAWS(MEGH)-2021-3-7] [REFERRED TO]
ALPHON KHARDEWSAW VS. STATE OF MEGHALAYA [LAWS(MEGH)-2021-5-1] [REFERRED TO]
NAZEER VS. STATE OF KERALA [LAWS(KER)-2015-4-96] [REFERRED TO]
RAJAN VS. STATE OF KERALA [LAWS(KER)-2021-6-73] [REFERRED TO]
THIYAGU @ THIYAGARAJAN VS. THE STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2019-6-52] [REFERRED TO]
JASWINDER SINGH AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2015-8-566] [REFERRED]
YOGESH SINGH VS. MAHABEER SINGH & ORS. [LAWS(SC)-2016-10-41] [REFERRED TO]
SANJAY SHARMA S/O BHAVI SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2018-1-108] [REFERRED TO]
HEMUDAN NANBHA GADHVI VS. STATE OF GUJARAT [LAWS(SC)-2018-9-70] [REFERRED TO]
RATHINAVEL VS. STATE REP BY THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT. (CRIME NO.95 OF 2013) [LAWS(MAD)-2017-3-15] [REFERRED TO]
NIKERSON NONGBAK VS. STATE OF MEGHALAYA [LAWS(MEGH)-2021-12-9] [REFERRED TO]
STATE OF BIHAR VS. AJIT KUMAR [LAWS(PAT)-2020-10-15] [REFERRED TO]
BABU @ KARITHIKEYAN VS. STATE OF KERALA [LAWS(KER)-2019-1-74] [REFERRED TO]
M/S.EMIRATES PAINTS VS. JEEVAN P.S S/O. SUBRAMANIAN AND ANOTHER [LAWS(KER)-2018-2-674] [REFERRED TO]
NITESH RAGHUVANSHI VS. STATE OF MP [LAWS(MPH)-2019-11-161] [REFERRED TO]
SAHADEV THOMAS VS. STATE OF ASSAM [LAWS(GAU)-2015-12-34] [REFERRED TO]
RAM GURU VS. STATE [LAWS(DLH)-2022-11-23] [REFERRED TO]
NASIB OSMAN PATHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-12-17] [REFERRED TO]
ASHOK SINGH @ MINTU SINGH (PINTU) VS. STATE OF U P [LAWS(ALL)-2016-5-376] [REFERRED]
ISHAQUE VS. STATE OF U.P. [LAWS(ALL)-2021-11-76] [REFERRED TO]
GAMBHIR SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-1-7] [REFERRED TO]
HARADHAN MAHATO & ORS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-9-15] [REFERRED TO]
NARAYAN PRASAD SEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-6-132] [REFERRED]
GOBIND SINGHAL VS. STATE OF ASSAM [LAWS(GAU)-2022-4-5] [REFERRED TO]
RAMDAS DHONDU KALATKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-312] [REFERRED TO]
ANAND ALIAS ANAND THORAT AND ANOTHER VS. CBI POLICE [LAWS(KAR)-2017-9-109] [REFERRED TO]
THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BENGALURU VS. DODDAHANUMA ALIAS HANUMA AND OTHERS [LAWS(KAR)-2017-9-153] [REFERRED TO]
STATE OF JHARKHAND VS. MATHURA YADAV [LAWS(JHAR)-2019-3-122] [REFERRED TO]
MANOJ KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-1-61] [REFERRED TO]
KRIT SAO VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-3-109] [REFERRED TO]
TIRET MAWLONG VS. STATE OF MEGHALAYA [LAWS(MEGH)-2021-3-3] [REFERRED TO]
INDRA KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-5-103] [REFERRED TO]
SANDIP BABURAO WAIDANDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-59] [REFERRED TO]
RAJU LOHAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2020-2-170] [REFERRED TO]
ALLAUDDIN KHAN VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-9-7] [REFERRED TO]
RAM KUMAR VS. STATE OF U P [LAWS(ALL)-2018-10-29] [REFERRED TO]
STATE OF U P VS. CHHOTKAU [LAWS(ALL)-2016-4-342] [REFERRED]
MAHTAB VS. STATE OF U P [LAWS(ALL)-2015-2-57] [REFERRED TO]
STATE OF ODISHA VS. SK. ASIF ALLI [LAWS(ORI)-2024-6-1] [REFERRED TO]
LAVJIBHAI AMARSHIBHAI BHALODIYA VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-572] [REFERRED TO]
STATE OF GUJARAT VS. PRAVINSINH GANPATSINH CHAUHAN [LAWS(GJH)-2015-3-267] [REFERRED TO]
BRIJESH CHAUDHARI VS. STATE OF U.P [LAWS(ALL)-2022-5-184] [REFERRED TO]
KALLU ALIAS GURDAYAL VS. STATE OF U.P. [LAWS(ALL)-2019-9-205] [REFERRED TO]
ABDUL BASAR LASKAR VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-7-10] [REFERRED TO]
DHIRENDRA NATH MONDAL VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2017-2-15] [REFERRED TO]
MOHAN @ MOHAN BABA S/O. JANGLU GEDAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-3-72] [REFERRED TO]
PURE AND PRISTINE SOLUTIONS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-6-707] [REFERRED TO]
NAVPREET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-7-749] [REFERRED]
STATE OF BIHAR VS. NIRANJAN [LAWS(PAT)-2020-11-2] [REFERRED TO]
MD KAMRAN @ AMANULLAH VS. STATE OF BIHAR [LAWS(PAT)-2019-7-112] [REFERRED TO]
RAJU J VYLATTU VS. P.V. ALEXANDER [LAWS(KER)-2023-10-197] [REFERRED TO]
BHAGWAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-210] [REFERRED TO]
PRABITRA DAS VS. STATE OF ASSAM [LAWS(GAU)-2023-10-18] [REFERRED TO]
SAPNA VS. STATE (NCT OF DELHI) [LAWS(DLH)-2021-3-9] [REFERRED TO]
UTPAL MISHRA VS. STATE OF ASSAM [LAWS(GAU)-2015-3-26] [REFERRED TO]
BIMAL CHETRY VS. (DR.) TRIDIB BARUAH [LAWS(GAU)-2016-6-26] [REFERRED TO]
SAHADEV THOMAS VS. STATE OF ASSAM [LAWS(GAU)-2015-11-28] [REFERRED TO]
RAMESHWAR LAL CHAUHAN VS. STATE OF U.P. [LAWS(ALL)-2023-5-53] [REFERRED TO]
BABLU SARDAR AND OTHERS VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-12-79] [REFERRED TO]
UTTAM DAS @ JHANA DAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-8-26] [REFERRED TO]
MOHIM SK & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-5-63] [REFERRED TO]
RAM CHANDRA MONDAL AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-4-12] [REFERRED TO]
MOSLEMUDDIN AND ORS. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-7-77] [REFERRED TO]
MD MOSLEMUDDIN & ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-200] [REFERRED]
VISHNU NARAYAN SHIVPURI, SON OF LATE PRATAP NARAYAN SHIVPURI VS. STATE OF U P [LAWS(ALL)-2018-8-80] [REFERRED TO]
JEETU NAT & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-10-25] [REFERRED TO]
GANESH BALBHIM KSHIRSAGAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-7-94] [REFERRED TO]
CHETAN SONI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-8-30] [REFERRED TO]
AJAY KUMAR GHOSHAL ETC VS. STATE OF BIHAR [LAWS(SC)-2017-1-57] [REFERRED TO]
RAJPAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-5-66] [REFERRED TO]
AKHIL KUMAR AGARWAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-9-46] [REFERRED TO]
P.F. TOPNO AND ORS. VS. STATE OF BIHAR [LAWS(PAT)-2015-9-41] [REFERRED TO]
MARLINGAPPA S/O BASAVARAJ CHIKKABUDUR VS. STATE [LAWS(KAR)-2020-9-127] [REFERRED TO]
MARLINGAPPA VS. STATE [LAWS(KAR)-2020-9-376] [REFERRED TO]
MUKUL DEKA VS. STATE OF ASSAM [LAWS(GAU)-2023-7-20] [REFERRED TO]
THIMMAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2022-4-186] [REFERRED TO]
NAJEERUDDIN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2022-1-71] [REFERRED TO]
ANIL KUMAR JHA @ LALTU VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-12-129] [REFERRED]
MANBHULA MAHATO VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-82] [REFERRED TO]
GOPAL @ MANU DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-7-37] [REFERRED TO]
RAHUL VIJAY SINGH CHUGH VS. PUNJAB AND HARYANA HIGH COURT, CHANDIGARH AND OTHERS [LAWS(P&H)-2017-8-134] [REFERRED TO]
UNION OF INDIA VS. SANDEEP KUMAR [LAWS(SC)-2019-9-42] [REFERRED TO]
NASIB SINGH VS. STATE OF PUNJAB [LAWS(SC)-2021-10-36] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted..
(2.)This appeal is directed against the judgment dated 30.08.2012 passed in Crl. Appeal D-960-DB/2006 by the High Court of Punjab and Haryana dismissing the appeal of accused-appellant thereby confirming the conviction of the appellant under Section 302, IPC and sentence of rigorous imprisonment for life and a fine of Rs.20,000/- with default clause and conviction under Section 25 (1B) of the Arms Act, 1959 and sentence of rigorous imprisonment for three years and a fine of Rs.10,000/- with default clause as imposed by the trial court.
(3.)Briefly stated, case of the prosecution is that on 6.03.2005, Rajbir went to sleep in the street on a cot at about 7.30 p.m. and Daya Nand (PW-7) also went to sleep in his house at about 9.00 p.m. At 11.00 P.M., Daya Nand heard the sound of vomiting of his brother and he came out and found his brother Rajbir crying in pain. PW-7 called his father Chander Bhan and both of them noticed injuries on the forehead of Rajbir with profuse bleeding. PW-7 went to call the doctor but the doctor refused to accompany him. When Daya Nand returned back, Rajbir had already succumbed to injuries. Law was set in motion by PW-7 and FIR was registered under Section 302, IPC. PW-14 had taken up the investigation and inquest was conducted on the body of the deceased Rajbir. Dr. J.K. Bhalla (PW-10) conducted autopsy on the body of deceased Rajbir and a country-made bullet was seized from the occipital area of the brain of deceased Rajbir. Dr. Bhalla opined that the death was due to injury to the brain and he issued Ex P-13-post mortem certificate. Site plan of the scene of occurrence was prepared and material objects were seized. The appellant-accused was arrested on 14.03.2005 and based on his confession statement, a pistol was recovered behind a water tank in the house of the appellant-accused. The bullet (chambered for .315" & .303" caliber firearms) and country-made pistol (chambered for .315" & .303" cartridges) were sent for the Ballistic Expert opinion. The Ballistic Expert opined that the country-made bullet (chambered for .315" & .303" caliber firearms) had been fired from the above-said country-made pistol and not from any other firearm. On receipt of the Ballistic Expert opinion and on completion of the investigation, charge sheet was filed against the appellant under Section 302 IPC, and Section 25(1B) of the Arms Act.


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