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Sahib Singh v. The State of Punjab

Criminal Appeal · 2019 INSC 843Decided 31 Jul 2019
Criminal Appeal No. 556 of 2009
Justice R. Banumathi · Justice A.S. Bopanna

Background

The appellant was convicted under Section 326 IPC (voluntarily causing grievous hurt with a dangerous weapon) by a Sessions Court in Punjab for attacking the deceased, Harbans Singh, near a tube well in 2002, and his conviction was upheld by the Punjab and Haryana High Court in 2008. The High Court, noting he had already served over five years in prison, held that sentence sufficient and also imposed Rs. 20,000 compensation. The appellant challenged his conviction before the Supreme Court, arguing he was not named in the original FIR.

Decision Breakdown

The Supreme Court held that although the appellant was not named in the initial FIR, he was specifically named in a later statement as having been armed with a kirpan and having assaulted the deceased, and this was corroborated by two injured eyewitnesses (PW-3 and PW-4) whose testimony the Trial Court and High Court had relied upon. Finding no error in how the lower courts appreciated this evidence, the Supreme Court held the conviction and sentence were properly arrived at and saw no reason to interfere. The appeal was accordingly dismissed.

Lesson Learnt

A person's absence from the initial FIR does not automatically invalidate a later conviction if credible eyewitness testimony during trial specifically and consistently identifies them in the crime.

Official source (sci.gov.in)View Judgment (PDF)

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