HAZARA SINGH & ORS versus STATE OF PUNJAB

HAZARA SINGH & ORS versus STATE OF PUNJAB

There was insufficient evidence to prove that shots were fired in the direction of the police party; thus, conviction under s. 307 IPC and s. 148 IPC cannot be sustained. Evidence regarding possession and recovery of arms was unconvincing due to lack of credible and independent testimony.

Parties
Appellant: Hazara Singh; Appellant: Bachan Singh; Appellant: Jarnail Singh; Appellant: Bhajan Singh; Appellant: Baj Singh; Appellant: Balwant Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
04 February 1971
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave
Outcome
appeals allowed; convictions and sentences set aside
Legal Topics
Attempt to Murder, Unlawful Assembly, Rioting, Illegal Possession of Arms, Evidence Credibility
Criminal Law Attempt to Murder Unlawful Assembly Rioting Illegal Possession of Arms Evidence Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Hazara Singh

Appellant

Bachan Singh

Appellant

Jarnail Singh

Appellant

Bhajan Singh

Appellant

Baj Singh

Appellant

Balwant Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether firing shots in darkness amounts to attempt to murder under s. 307 IPC
  2. 2 Whether the appellants committed rioting under s. 146 and s. 148 IPC
  3. 3 Credibility of evidence regarding possession and recovery of arms under s. 25 Arms Act

Ratio Decidendi

There was insufficient evidence to prove that shots were fired in the direction of the police party; thus, conviction under s. 307 IPC and s. 148 IPC cannot be sustained. Evidence regarding possession and recovery of arms was unconvincing due to lack of credible and independent testimony.

Court Disposition

appeals allowed; convictions and sentences set aside

Orders

  • Convictions and sentences of all appellants are hereby set aside
  • Bail bonds stand discharged