TAPINDER SINGH V. STATE OF PUNJAB INSC 133; AIR 1970 SC 1566; 1971 SCR 599; 1970 SCC 113

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  NAME OF CASE

TAPINDER SINGH v. STATE OF PUNJAB 

  FACTS

In this case, the appellant, a businessman and Municipal Commissioner, had earlier lodged a police report against the deceased, Kulwant Singh, alleging an attempt on his life. Kulwant Singh, released on bail, was accused by the prosecution of being shot by Tapinder Singh on August 18, 1968, at a taxi stand near the clock tower in Ludhiana. Eyewitnesses stated that Tapinder Singh fired five shots at Kulwant Singh, who succumbed to his injuries later that night. The prosecution relied on the dying declaration of the deceased, eyewitness testimonies, and circumstantial evidence, including the recovery of the pistol and cartridges. The trial court found the appellant guilty, citing a motive rooted in suspicion of an illicit relationship between the deceased and the appellant’s wife. The conviction was based on corroborative evidence, including the appellant’s alleged absconding and the testimony of credible witnesses. 

  ISSUES

1. Was Kulwant Singh's dying declaration reliable, admissible, and sufficient to convict the appellant? 2. Were the eyewitness testimonies the prosecution presented trustworthy and corroborated by other evidence? 3. Was the circumstantial evidence, including motive, recovery of the weapon, and the appellant’s alleged absconding sufficient to establish guilt beyond reasonable doubt? 4. Whether the omission of a ballistic expert’s testimony affect the validity of the prosecution’s case? 

  HOLDINGS

1. The court held that the dying declaration of Kulwant Singh was credible and admissible. It was recorded in the presence of medical personnel, and there were no infirmities in its content or recording process. The declaration was considered sufficient to support the conviction of the appellant. 2. The court found the eyewitness testimonies to be reliable. The witnesses were natural and credible, with no significant contradictions in their accounts. Their presence at the scene was adequately explained, and their testimonies corroborated the prosecution’s narrative. 3. The court held that the circumstantial evidence, including the recovery of the weapon, the appellant’s motive, and his alleged absconding, formed a consistent chain pointing toward the guilt of the appellant. These factors corroborated the direct evidence. 4. The Court concluded that the omission of a ballistic expert’s testimony did not weaken the prosecution’s case, as the evidence from the eyewitnesses and the dying declaration was sufficient to establish guilt beyond a reasonable doubt. 

  RATIONALE

The court upheld the conviction of the appellant, emphasizing the reliability and admissibility of the dying declaration recorded by a Magistrate. It reasoned that the dying declaration was clear, concise, and recorded promptly after the incident, making it credible. Despite the disappearance of the original document, the Magistrate’s oral testimony corroborated the content of the declaration, which implicated the appellant as the assailant and identified a motive based on suspicion of illicit relations. The Court rejected the defense’s arguments regarding the missing document, alleged manipulation, and contradictions in medical and eyewitness accounts, finding no substantial basis for these claims. The testimony of eyewitnesses, supported by circumstantial evidence and the dying declaration, provided a consistent and convincing narrative of the events. The Court concluded that the appellant’s guilt was established beyond reasonable doubt, affirming the decision of the lower courts. 

   CITATION

• Indian Kanoon: Indian Kanoon. "Access to Indian Laws and Judgments." Accessed 10 Jan. 2025, https://www.indiankanoon.org.

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