# CHARAN SINGH & ORS v. STATE OF PUNJAB - **Citation:** [1975] 1 S.C.R. 561 - **Court:** Supreme Court of India - **Decided:** 1974-07-26 - **Bench:** H. R. Khanna, Y. V. Chandrachud - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/charan-singh-ors-v-state-of-punjab-6354 - **Pages:** 14 ## Headnote 56 L Criminal Practice and Procedure-Appreciation of evidence-Refere11ce under s. 374 Cr. P.C.-Duty of High Court to reappraise evidence-Extent to which evitle11ce in one case could be used in another. Four appellants were convicted and sentenced to death for the murder of the· t\vo deceased; two accused for the murder of one of the deceased and the other two· accused for the murder of the second deceased. On appeaJ, the High Court, without a detailed discussion of the evidence of the eye witnesses, merely observed that their evidence inspired full confidence and affirmed the judgment of the trial court. On further appeal to this Court the appelJants contended that had the witnesseSbeen present, the assailants would not have spared them. Dismissing the appeal of two accused and allowing that of the other two: HELD : (1) This Court does not normally, in an appeal by Special Leave, go· afresh into the question of credibility of witnesses and reappraise the evidence. Jn the present case, however, there was hardly any discussion worth the name of the evidence of eye \vitnesses in the judgment of the High Court. As the High Court was dealing with not only an appeal filed by the appellants but also a reference under s. 374 Cr. P. C. for confirming the death sentence, it was essential for it to nave reappraised the evidence adduced in the case and come to an independent con4 cln~ion whether the guilt of the accused had been proved or not. While dealing \vith a reference under s. 374 Cr. P. C. the High Court should consider the pro4 ceedings in all their aspects and come to an independent conclusion on the material' on record. In view of this infirmity, the evidence had to be examined by this. Court. [568E·569B] Junm1an & Ors. v. The Slate of Punjab, A. I. R. 1957 S. C. 469 and Bhupendra Singh v. The State of Punjab, [1968] 3 S. C.R. 404. referred to. (2) The question of credibility of a witness has to be decided by referring to his evidence and finding out as to how the witness has fared in cross·examination and \Vhat impression is created by his evidence taken in the context of the other facts of the case. Decided cases can be of help if there be a question of law like ad4 missibility of evidence but reference to decided cases is hardly apposite when the question before the court is whether the evidence of a particular witness should' or should not be accepted. [574B·D] (3) In the instant case there appears to be no sufficient ground for disbelieving the evidence of the three eye witnesses. The witnesses had taken shelter ,and thus remained unhurt. As the ocular evidence consists of persons, two of whom were dose relatives of the two deceased, it is not likely that the eye witnesses would sparethe real assailants. The evidence of the eye witnesses as with regard to the part played by the two accused, whose conviction is upheld in respect of the murder of, one of the deceased is also in conformity with the medical evidence. [570E] . (4) ~s regards the other two accused, the evidence does not establish their com4 ph~1ty m the murder of the deceased beyond ~asonable doubt and it is extremely unlikely that the appellants _would have associated an old man with them in the ~ault, wh G H A B c D E F G H CHARAN SINGH V~ PUNJAB (Kluvvza, /.) . 565 FouLl2 bore r. Ajit Singh examined Karnikkar Singh and found four simple injuries consisting of lacerated wounds on tho back of the elbow, leg and neck of Kamikkar Singh. The four accused, it is stated, absconded after the occurrence. Charan Singh accused was arrested on receipt of secret information by AS.J; Amrik Singh on August 17, 1971 on Grand Trunk Road near Samrala. Mukhtiar Singh and Gurdev Singh accused surrendered ori the sante day, i.e. August 17, 1971 in the courfof Shri Ba'khsish Singh magistrate Sunam. Paramjit Singh accused was arrested on April 11, 1972 by Sub Inspector Ajit Singh. · · · Gurdev Singh accused, according to the prosecution, was interrogated by Sub Inspector Ajit Sin!'h (PW 19) on August 20, 1971. Gurdev Singh then disclosed that he had kept concealed his .licensed single-barrel gun along with its licence in a heap of chaff lying in his hou.se and that he could get the same recovered. Statement PS of Gurdev Singh wa~ then recorded by the Sub-Inspector and was thumb" marked by Gurdev Singh. Sub Inspector Ajit Singh thereafter started' interrogation of Mukhtiar Singh accused. Mukhtiar Singh made disclosure statement PJ to the effect that he had kept concealed his licensed gun along with the licence in the Turi lying in the entrance room · of his house. Gurdev Singh then led the Sub Inspector and the witnesses to his house and from there got recovered gun P-2 and its licence P-5. The gun and the licence were taken into possession as per memo Bx. PU. The gun was put into a sealed parcel. Mukhtiar· Singh . accused thereafter led the police party to his l>eodi and from there got recovered his gun Ex. P3: along with its licence P-6. The gun put into a sealed parcel. ASI Amrik Singh i,nterrogated Chatan Singh accused on A_ugust 22, 1971. Charan Singh disclosed that he had buried ·country-made pistol in a· ditch near a rubber factory · situated on. the Grand Trunk Road and railway line at l>handari and that he could get the same recovered. Memo PTl> with regard to the statement of Charan Singh was prepared. Charan Singh then led the police party to that place and got recovertd pistol P-4 .. The pistol · was then put into a sealed parcel. . .· ... The two sealed parcels, one containing 11 empty .12 bore cartridges and the other containing one. empty rifle cartridge, were sent to the office pf the l>irector, Forensic Science Laboratory, Chandigarh on August 11, 1971. Sealed parcels containing guns P-2 and P-3 and pistol P-4 were also later sent to the said l>ireetor, Shri J. K. Sinb, Assistant Director, Forensic Science Laboratory (PW.14) folind that two of the empty cartridges which were recovered from the spat had 4-Ml85SupCI/75 . . . · ",,'.·; : . . . ' ' 566 SUPREME COURT REPORTS [1975] l S.C.R. been fired from pistol- P-4. Three other empty cartridges which were recovered from the spot were found by Shri Sinha to have been fired from gun P-2 of Gurdev Singh . Gun P-3 of Mukhtiar Singh was found by Shri Sinha to be not in proper working condition. The cocking portion, i.e. hammer, of the gun was found to be jammed. As such, it was not possible to find whether any of the empty cartridges which were recovered from the spot had been fired from gun P-3. At the trial the four accused in their statements under section 342 -0f the Code of Criminal Procedure denied the prosecution allegations regarding their participation in the occurrence. Charan Singh admitted that the will which had been made by Niranjan Singh in his favour was subsequently revoked. According to Charan Singh, the possession of the land ofNiranjan Singh, however, remained with him. Charan Singh denied that he absconded after the occurrence or that he got recovered pistol P-4. According to Charan Singh, he was all along with the police. Mukhtiar Singh stated that he had surrendered himself in court on August 17, 1971. According to Mukhtiar Singh, the police had t.aken the licence of his gun from his· house about four or live days earlier. Gurdev Singh stated that he never made any disclosure statement about gun P-2 and that the recovery of the gun had been foisted upon him. Paramjit Singh in his statement before the committing magistrate when asked about the occurrence stated he had already sold away his rifle. Paramjit Singh denied that he had remained absconding till his arrest on April 17, 1972. No evidence was prodllCed in defence. The cri~I court accepted the prosecution case and accordingly convincid and sente.nced the accused as above. On appeal and ceference the high Court affii:_med the judgment of the trial court. It cannot be disputed that Charan Singh and Suk:,dev Singh were shot dead on August 5, 1971 in the fields in the area -0f village Zhhandari. Assistant Sub Inspector Amrik Singh found the two dead bodies lying in those fields when he arrived there on the evening of that day. Dr. Ajit Singh who performed post mortem examination on the two dead b3dies found the following seven injuries on the body of Karam Singh : "!. Abrasion 5/8" on the left side of nose, 2. Lacerated wound 2" x !" x bone deep on the left side of forehead including the middle part of left eye brow .. The mtrgins were black and inverted. It was oblique in direction. A B a D E F· 3. Lacerated wound 1" x f' x bone deep ori right temopral G region. The m1rgins were black and oblique in direction. -4. Lacorated wound 4" x 4f muscle deep on inner. side upper part of right forearm, the margins were black. 5. Abrasion 3 i!l number t" X l;'' on inner side middle right forearm. 6. Lacerated wound l" x !" X chest cavity deep on the back of chest in the left lower part. The margins were black and invorted. The direction as inwards-upwards and forwards; H A ' .. c 0 E F G H CHARAN SINGll v~ PUNJAB (Khanna, J.) 567 7. Lacerated wound 4!" x 2" chest deep on front of right side of chest, 2" above the right nipple. Margin were lacerated and everted. Heart dnly pierced was protruding out." The following 12 injuries were found by the doctor on the body of Sukhdev Singh : "I. Lacerated wound i" x !" bone deep on frorit of right leg upper part, 2" below the knee-joint. The margins were black. 2. Lacerated wound I" x !" x !" on the inner side of right knee. The margins were black and oblique in direction. 3. Lacerated wound l!"x!"x!" on upper part· of penis. Margins were black. 4. Lacerated wound i" x t" x 3" deep on the upper part of left mid-inguinal point. The margins were black and inverted. The direction was above outwards and backwards. One small metallic piece was reco\'ered under the injury. 5. Abrasion t" xi" on front of left chest, l" above left nipple. 6. Lacerated wound with black and inverted margins i" x !" x 2' deep on the left front of anterior axillary line. The direction was backwards and outwards with a wound of exit !" x ! ' on the mid axillary line of the left side. The margins were everted. 7. Lacerated wound with black and inverted margins!" x r x more than 6" deep on the front of right side of chest, 3" above the right nipple. The direction was upwards, outwards and backwards with a wound of exit 3!" x 2" on the back of right shoulder joint, with lacerated and everted mugins. The right scapula was fractured. 8. Laceratedwoundf'x!"x bonedeepon front of right side of chest in lower part 4" below right nipple, H" outer to midline. The margins were black and inverted and metallic piece was recovered under the skin. 9. Lacerated wound with black and inverted margins 2" x J!" x chest cavity deep on front of right chest 2" inner to right nipple. There was black atraded area around it 4"x4". The wound was directed backwards and slightly upwards with a wound of exit 2" x 2" on the back in-between the scapulae and the spinal cord underneath was fractured at the back. 3rd and 4th ribs on right side were fractured in front. 10. Lacerated wound rxt;"x skin deep with black and inverted margins, in front of right chest l!" inner to injury No. 9. Dne metallic piece was recovered underneath. 56$ . . SUPREME COURT REPORTS [1975] 1 S.C.R. I I. Lacerated wound with black and inverted margins 1 l' x 11" X more than 6" deep on right side of back at lumbar regions, directed inwards, upwards and forwards, piercing upper part of right kidney and omentum. 13 metallic irregular pieces were recovered from Jett pleural cavity and diaphragm. .12 .. Lacerated wound 72 in number with black and inverted margins each . !"X!' bone deep on the sacral region and upper part of both the buttocks. 35 small metallic pieces were recovered under it. Left pelvic bone was fractured underneath.'' · The cause of death of Karam Singh was shock and haemorrhage as a . result of injuries to heart and lungs. The cause of death of Sukhdev Singh was shock and haemorrhage as a result of injuries to the right lung underinjury No. 9. The injuries in the case of both Karam Singh and Sukhdev Singh were sufficient in the ordinary course of nature to cause death. In order to bring the charge home to the accused, the prosecution examined Mann Dass (PW 4), Gurdial Singh (PW 8) and Kamikkar · Singh (PW 18) as eye witnesses of the occurrence and they supported the prosecution case. . . This Court does not normally in an appeal by special leave go afresh into the question of the credibility of witnesses and reappraise the evidence. In the present case, however, we find that there was hardly any discussion worth the name. of the evidence of the eye witnesses in the judgment of the High Court. The High Court bas made only a general r~ference to the evidence of the eye witnesses and has observed that all the witnesses examined by the prosecution inspire full confidence. As the High Court was dealing with. not only the appeal filed by the appellants but also a reference under section 374 of the Code of Criminal Procedure for confirming the death sentence, it was, in our opinion, essential for the High Court to have reappraised the evidence adduced in the case and come to an independent conclusion as to whether the guilt of the accused had been proved or not. Ordinarily in a criminal appeal against conviction the appellate court can dismiss the appeal if the court is of the opinion that there is no sufficient ground for interference after examining the various grounds urged before it for challenging the correctness of the decision of the trial court. It is not necessary for the appellate court to examine the entire record for the purpose of arriving at an independent conclusion. The position, however, is different where in addition to an appeal filed by an accused who is sentenced to death, the High Court has to dispose of the reference for confirmation of the death sentence under section 374 of the Code of Criminal Procedure. While dealing with a reference the High Court should consider the proceedings in all their · aspects and come .to an independent conclusion on the material on record apart froni the view expressed by the Sessions Judge. In so doing, the High Court will be assisted by the opinion expressed by the Sessions Judge, but under the provisions ofthc law above-mentioned • B D E y G ·H • . CHARA.N SINGH v. PUNJAB (Khanna, J.) 5 6 9 ·A it is for the High Court to come to an independent conclusion of its own (see Jumman & Ors. v,.. The State of Pwifab(') and Bhupendra Singh v. The State of Punjab(2). In view of the infirmity noted above in the judgment of the High Court, we have considered it proper to examine the evidence adduced in the case ourselves instead of remanding the case and thus delaying the matter further. B c D E F G Mann Dass, Gurdial Singh and Kamikkar Singh have deposed that at the time of the present occurrence, Mann Dass and Kamikkar Singh were present in the field which Mann Dass had taken on lease from Niranjan Singh/or hoeing the maize crop, while Gurdial Singh PW was present along with Karam Singh and Sukhdev Singh for the same purpose in the field which had been purchased by Sukhdev Singh and Gurdial Singh from Niranjan Singh. There appears to be no sufficient ground for disbelieving the evidence of the three eye witnesses that they w~re present at the scene of occurrence. Kamikkar Singh received injuries during the course of the present occurrence and as such there can be hardly any manner of doubt regarding his presence at the scene of occurrence. It is in the evidence of Kamikkar Singh and Mann Dass that Kamikkar Singh who is a friend of Mann Dass and nad come two days before the present occurrence from his village, was engaged with Mann Dass in hoeing the maize crop. Mann Dass would not normally throw the burden of hoeing the maize crop on his friend alone and it is but natural that Mann Dass would be with him for the purpose of hoeing the maize crop. There also appears to be nothing improbable in the statement of Gurdial Singh PW that he was engaged with his father Karam Singh and brother Sukhdev Singh in hoeing the maize crop. The first information report about the prernnt occurrence was lodged promptly and this is apparent frcm the fact that a ccpy of 1he first information report was received by the judicial magistrate concerned at Ludhiana at 8. 12 p.m. the same evening. We are not impressed by the suggestion that the occurrence took place not at 5 p.m. but much earlier. According to the post mortem examination reports, the stomach of each one of the two deceased persons was empty at the time of the post mortem examination. Normally a vegetable diet containing mostly farinaceous food as usually taken by an Indian does not \eave the stomach completely within six to seven hours after its ingestion (see page 151 of Modi's Meaica\ Jurisprudence and Toxicology, Sixteenth Edition). If the occurrence had taken place at 2 or 3 p.m. as suggested on behalf of the accused-appellants, the mid-day meals usually taken by the villagers at about II a.m. would still be in their stomach and the same would not have been empty at the time of the post mortem examination. The fact that the stomach of each of the deceased parsons. was empty lends assurance to the prosecution version that the occurrence took place at about 5 p.m. Another argument which has been put forth on behalf of the H accused-appellants is that the assailants would not have spared Mann Dass if he had been present at the scene of occurrence. From the (1) A.1.R. 1957 S.C. 469. (2) [1968] 3 S.C.R. 404. 570 SUPREME COURT REPORTS [1975) 1 S.C.J.t. mere fact that there were no injuries pn the person of Mann Dass it does not necessarily follow, in our opinion, that Mann Dass was not present at the scene of occurrence and that his evidence as such should be thrown out. As would appear from the resume of facts given above, Sukhdev Singh deceased and Karam Singh crawled towards the tnbewell Kotha when the assailants appeared on the scene of occurrence and a shot was fired towards the field of Sukhdev Singh . . Sukhdev Singh had his gun in that kotha and he fired shots from that gun. It is but natural that the attention of the asssailants would be first focussed upon Sukhdev Singh so that he might be liquidated and be not in a position to fire at them. The assailants after killing Sukhdev Singh killed Karam Singh, who was also present near the . spot where Sukhdev Singh was killed. Mann Dass who had before that taken shelter behind a khal in his own field thus seems to have remained unhurt. The same also seems to be the explanation for Gurdial Singh P.W not being injured at the time of the present occurrence. In any case there can be hardly any doubt, as already mentioned, regarding the presence of Kamikkar Singh at the place of occurrence. The case of the prosecution is that Paramjit Singh and Gurdev Singh accused killed Sukhdev Singh and thereafter Charan Singh and Mukhtiar Singb killed Karam Singh. As the ocular evidence consists of persons two of whom were close relatives of the two deceased persons, it is not likely that the eye witnesses would spare the real assailants. At the same time we have to guard against the possibility of implication of an innocent person along with the actual culprits. The need of this precaution becomes all the more obvious when it is kept in view that the ocular evidence is of a partisan nature. It is in such a situation that a duty is cast upon the court to separate the grain from the chaff. After having been taken through the evidence on record, we have no doubt regarding the complicity of Paramjit Singh and Gurdev Singh. Paramjit Singh, according to the testimony of the eye witnesses, was armed with a rifle and Gurdev Singh with a gun. Paramjit Singh in his statement before the committing magistrate admitted that he had a rifle, but, according to him, he had already sold that away. Gurdev Singh undoubtedly owned licensed gun P-2. According to the evidence of Dr. Ajit Singh who performed post mortem examination on the body of Sukhdev Singh, Sukhdev Singh had a number of bullet injuries. Sukhdev Singh had also a number of injuries caused by gun-shots: The evidence of the eye witnesses with regard to the part played by Paramjit Singh and Gurdev Singh is thus in conformity with the medical evidence. Although Paramjit Singh played the leading part in the assault on the two deceased persons, his rifle could not be recovered as he absconded after the occurrence and remained absconding for a period of more than eight months till his arrest on April 11, 1972. Gurdev Singh surrendered himself in the court of judicial magistrate Sunam on August 17, 1971. It is in the testimony of Shri J. K. Sinha, Assistant Director, Forensic Science Laboratory that three of the crime cartridges which were received in the laboratory on August 11, 1971 had been fired fro.lllfu;~n_.eed gl!n P-2 of Gurdev Singh. According to the evidence of Sub-Inspector Ajit Sin,llh A • c D E G H A B c D E F G CHARAN SINGH v. PUNJAB (Khanna, J.) 571 (PW19) and ~ann Dass (PW4) gun P-2 wa~ recovered in pursuance of the disclosure statement of Gurdev Smgh subsequent to his surrender in court. There is no material to warrant the inference that gun P-2 was secured by the police before Gurdev Singh surrendered in court on August 17, 1971. ASI Amrik Singh (PW20) has deposed that he recovered a number of empty cartridges from the place of occurrence. Out of those empty cartridges, three were found by Shri Sinha to have been fired from gun P-2 of Gurdev Singh. There could, in our opinion, be hardly any doubt on the point that the three cartridges fired from the gun of Gurdev Singh were found at the spot because those empty cartridges were sent to the ballistics expeit long before the arrest of Gurdev Singh and the recovery of his gun. It is significant that gun P-2 of Gurdev Singh is his licensed gun. No questi?n of foisting a licensed g!-m upon Gurdev Singh could possibly anse m the very nature of thmgs. It was also not possible to falsely show the recovery of three empty cartridges which had been fired from that gun because at the time those three empty cartridges were sent to the Forensic Science Laboratory, the police was not in possession of gun P-2 of Gurdev Singh. The despatch of the three empty cartridges which had been fired from the licensed gun P-2 of Gurdev Singh lends assurance to the evidence about recovery of those cartridges from the place of occurrence. The fact that three of the cartridges fired from the gun of Gurdev Singh were found at the place of occurrence goes a long way to corroborate the testimony of the three eye witnesses regarding the complicity of Gurdev Singh. We may now consider the case against Charan Singh and Mukhtiar Singh. It is the case of the prosecution that Charan Singh and Mukhtiar Singh fired at Karam Singh deceased with counhymade pistol P-4 and gun P-3 respectively and as such, killed him. There is however, discrepancy in the evidence of the eye witnesses regardingthe exact manner in which Karam Singh was kilkd. According to Mann Dass PW when Paramjit Singh and Gurdev Singh fired at Sukhdev Singh and the latter fell down, Karam Singh who was taking shelter behind a Chapacha at a distance of about two karams from the tubewell Kotha tried to run away. Charan Singh and Mukhtiar Singh then came in front of him and fired shots from their respective fire-arms as a result of which Karam Singh also fell down. As Karam Singh was lying injured, Paramjit Singh went near him and fired two or three shots from his rifle at him. The evidence of Mann Dass would thus show that Karam Singh deceased was shot at by Charan Singh and Mukhtiar Singh when the deceased was in the act of running away. As against that, Gurdial Singh and Kamikkar Singh have deposed t.hat Charan Singh and Mukhtiar Singh fired she ts at Karam Singh deceased while the latter was sitting .and taking shelter behind the Chapacha. The evidence of Dr. Ajit Singh who performed post mortem examination on the dead body of Karam Singh shows that injuries Nos. 3, 6 and 7 on the body of Karam Singh had been caused by bullets. As regards injuries 2 and 4 which were the only two other injuries caused by fire-arm on the body of Karam Singh, Dr. · Ajit Singh has 57l! SUPREME COURT REPORTS [1975] 1 s.c.R. deposed that each of those injuries could have been caused either by a bullet fired from a rifle or by a pellet fired from a gun. The evidence of Dr. Ajit Singh thus tends to show that the only two injuries which wore ascrib~d to Charan Singh and Mukkhtiat Singh accused could as well have bien caused by shJts from the rifle with Paramjit Singh accused. The medical evidence is thus consistent with the stand taken on behalf of Charan Singh and Mukhtiar Singh tnat they did not ·cause any injury to Karam Singh. Another circumstance which creates doubt about the veracity of the evidence of Gurdial Singh and Kamikkar Singh regarding the part played by Charan Singh and Mukhtiar Singh is that injury No. 4 on the dead body of Karam Singh could be the result of grazing either by a bullet or pellet shot. If Karam Singh deceased was sitting as has been deposed by Gurdial Singh and Kamikkar Singh PWs and Charan Singh and Mukhtiar Singh fired at him from a close range, it is difficult to believe that the pellet shot by these two accused would only graze at the point of injury No. 4. On the contrary, if the version of Gurdial Singh and. Kamikkar Singh PWs were to be accepted, a null).ber of pellets would have hit Karam Singh deceased, 1t is the prosecution case that the assailants escaped after the occurrence. It is, in our opinion, extremely unlikely that Paramjit Singh and. Gurdev Singh would have .associated an old man like Charan Singh with them in the assault as ·Charan Singh because of his age, wpuld be more ofa handicap and a burden to them especially at the time of escaping after the occurrence. It may be mentioned that although the prosecution case is that Charan Singh remained abscond- ·ing. after the occurrence till his arrest on August 17, 1971, the version -0f Charan Singh in his statement under section 342 of the Code of Criminal Procedure is that he was with the police from the very start. The circumstances referred to above, in our opinion, create considerable doubt regarding the complicity of Charan Singh and Mukhtiar Singh-. · · ·Regarding the alleged recovery of pistol at the instance of Charan Singh accused, we find no · reassuring circumstance as may furnish corroboration to the evidence of the recovery which has been adduced in the case. As regards Mukhtiar Singh we find that it is in the evidence A B c D E F of Shri Sinha that gun P-3 of Mukhtiar Singh was not in proper G working condition. As such, no test could be held to find out if any of the empty cartridges which were alleged to have been recovered from the place of occurrence had been fired from that gun. We have already referred to above while dealing with the case of each accused, the evidence regarding the recovery of fire-arms and cartridges. We may in the above context refer. to some other material H facts. There was no mention in the first information report of the presence of any empty cartridges at the spot. In the inquest report PB relating to the dead body of Karam Singh, there was mention of only • A B • c .,_. D E F G H CHARAN SINGH v. PUNJAB (Khanna, J.) 573 four empty ·12 bore cartridges in the tubcwell Kotha of Sukhdev Singh. These cartridges were apparently those which had been fired by Sukhdev Singh from inside that Kotha. There was, however, no mention in this inquest report of tht presence of 11 empty cartridges. In the inqust report PE relating to the dead body of Sukhdev Singh there was reference to the presence also of 11 empty 12 bore cartridges and one empty brass cartridge of a rifle at the spot besides four empty cartridges which were recovered from the tubewell Kotha. According to the evidence of Dr. Ajit Singh, the dead bodies of Karam Singh and Sukhdev Singh were brought to the mortuary in the hospital at 6 a. m. on August 6, 1971, while the inquest reports were brought as late as 3 ·20p. m. on that day. The prosecution evidence about the recovery of the fire arms and the empty cartridges consists, besides the testimony of the investigating officer, of that of Mann Dass who has signed as many as 15 recovery memos. Regarding the recovery of the country-made pistol at the instance of Charan Singh accused, the evidence consists of the statements of the investigating officer and Mohinder Singb (PW 15), who is son-in-law of Karam Singh deceased. In view of the three circumstances, viz., the non-mention of the presence of the empty cartridges at the place of occurrence in the first information report and the inquest report relating to the dead body of Karam Singh, the delay in the receipt of the inquest reports by the doctor who performed post mortem examination on the dead bodies and the fact that the witnesses of recovery were not disinterested, we have applied a rule of caution dictated by prudence of seeking some reassurance before acting upon the evidence of recovery. The prosecution has also led the evidence of Raghbir Singh (PW 13), according to whom he heard fire shots when he was present in his field. About 10 minutes after the firing had stopped, the witness left his field and came to the place of occurrence.