# MOHAN SINGH v. STATE OF RAJASTHAN

- **Citation:** [1980] 1 S.C.R. 148
- **Court:** Supreme Court of India
- **Decided:** 1979-07-30
- **Bench:** R. S. Sarkaria, V. D. Tulzapurkar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mohan-singh-v-state-of-rajasthan-7720
- **Pages:** 3

## Headnote

Penal Code, 1860 (Act 45), Section 201-Causing disappearance
of
eviw
dence of offence to screen offender legal punishment-Absence of legal eviw
dence or any material on the record of the factual ingredients of an
offence
under Section 201 l.P.C. entitled the discharge of the accused under Section
227 Cr/. P.C. therefore the charge framed as per Section 228 Cr/. P.C. 1973
is illegal.
On the allegations that one Padam Singh was shot dead in the farm of the
appellant by Doongar Singh and two others on 4-3-1978, that the appellant'&
car No. R.J.F. 2118 was made us'e of in carrying the dead body to be· thrown
into a well on the boundMy of village Ramasani by Doongar Singh Who latter
brought the car back on the same day to the appellant's bungalow where it
was washed the same day and thereafter the appellant got his car washed on
8-3-1978 at the Petrot Pump of one Umrwkhan, the Sessions Judge framed
a charge against the appellant of an offence under Section 201, Penal Code
merely on the ground that there was material to show thaJt the appellant got
his car washed on 8-3-1978 at a petrol pump.
The High Court refused t<>
set aside the said order in revision under Section 482 Crl. P.C. 1973.
Allowing the app'eal by ipecial leave, the Court,
HELD : 1. Th'e impugned order of Sessions Judge being based on no
evidential material whatever was manifestly illegal.
[150A]
(a) The mere washing of the car on 8th March could not be printa facie
evidence of the factual ingredients of an offence und'er Section 201, PenaiJ:
Code. (150A]
' i
(b) lbe presence of blood stains on the car on the 8th March stood·
negatived
by the Prosecution's
own
assertion
(in the Police Challan) that
Doongar' Singh had got the blood on the car washed on the day of the murder~
itself, and [194G-H]
(c) there was nothing in the statements of the Petrol Pump de~l'er ind
his servant that there was any blood on the car which was washed.
There
was not an iota of material on the record to furnish basis even for a grave
suspicion that by getting the car washed on the 8th March, 1978, the appellant
caused any blood or other evidence concerning the murder of Padam Singh te>
disappear. [149F-GJ
C'RIMINAL APPELLATE JURISDICTION
of 1979.
(148)
Criminal Appeal No. 363
f
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MOHAN SINGH v. RAJASTHAN (Sarkaria, J.)
149
•
•Appeal by Special Leave from the Judgment and Order dated
. A
28~3-.1979 of the Rajasthan High Court in S.B. Cr!. Misc. Application
No; 128/78 .
Ram Jethmalani and N. H. Hingorani for the Appellant.
·Badridas Sharma for the Respondent.
The Order of the Court was delivered by
SARKARIA, J. This appeal by special leave is div"cted against an
order, dated March 28, 1979, whereby the High Court of Rajasthan
dismissed the· appellant's application under Section
482,
Criminal
Procedure Code and r~fused to set aside an Order dated August 14,
1978 of the Sessions Judge framing a charge under Section 201, Penal
Code against the appellant.
The pros·"cution case as put in Court is that on March 4, 1978,
one Padam Singh was shot dead at the farm of the appellant by the
accused, Doongar Singh, in conspiracy with the accused, Hanif ahd
Shambhoo Singh.
Padam Singh's deadbody was first put in a jeep
for removaL After going some distance the jeep went out of order.
Thereafter, Doongar Singh brought the car of
the
appellant.
The
deadbody was then transhipped into the car (RJF 2118) and was
taken to a distance and thrown into a lonely well on the boundary of
village, Ramasani.
Doongar Singh then brought the car
back to
Mohan Singh's bungalow where it was washed [ vide the Police report
of A.S.P. City (West) Jodhpur]. It i~ not alleged that the appellant was in any manll'~r concerned as an abettor or accomplice in The
murder or participated or abetted the removal and disposal of the
deadbody of Padam Si'ngh.
The only allegation on the
basis
of
which a charge under Section 201, Indian Penal Code has been framed
against the appellant is that on March 8, 1978, that is, five days

## Text

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MOHAN SINGH
v.
STATE OF RAJASTHAN
July 30, 1979
[R. S. SARKARIA AND V. D. TULZAPURKAR, JJ.]
Penal Code, 1860 (Act 45), Section 201-Causing disappearance
of
eviw
dence of offence to screen offender legal punishment-Absence of legal eviw
dence or any material on the record of the factual ingredients of an
offence
under Section 201 l.P.C. entitled the discharge of the accused under Section
227 Cr/. P.C. therefore the charge framed as per Section 228 Cr/. P.C. 1973
is illegal.
On the allegations that one Padam Singh was shot dead in the farm of the
appellant by Doongar Singh and two others on 4-3-1978, that the appellant'&
car No. R.J.F. 2118 was made us'e of in carrying the dead body to be· thrown
into a well on the boundMy of village Ramasani by Doongar Singh Who latter
brought the car back on the same day to the appellant's bungalow where it
was washed the same day and thereafter the appellant got his car washed on
8-3-1978 at the Petrot Pump of one Umrwkhan, the Sessions Judge framed
a charge against the appellant of an offence under Section 201, Penal Code
merely on the ground that there was material to show thaJt the appellant got
his car washed on 8-3-1978 at a petrol pump.
The High Court refused t<>
set aside the said order in revision under Section 482 Crl. P.C. 1973.
Allowing the app'eal by ipecial leave, the Court,
HELD : 1. Th'e impugned order of Sessions Judge being based on no
evidential material whatever was manifestly illegal.
[150A]
(a) The mere washing of the car on 8th March could not be printa facie
evidence of the factual ingredients of an offence und'er Section 201, PenaiJ:
Code. (150A]
' i
(b) lbe presence of blood stains on the car on the 8th March stood·
negatived
by the Prosecution's
own
assertion
(in the Police Challan) that
Doongar' Singh had got the blood on the car washed on the day of the murder~
itself, and [194G-H]
(c) there was nothing in the statements of the Petrol Pump de~l'er ind
his servant that there was any blood on the car which was washed.
There
was not an iota of material on the record to furnish basis even for a grave
suspicion that by getting the car washed on the 8th March, 1978, the appellant
caused any blood or other evidence concerning the murder of Padam Singh te>
disappear. [149F-GJ
C'RIMINAL APPELLATE JURISDICTION
of 1979.
(148)
Criminal Appeal No. 363
f
' -
~--·
. >
f •
MOHAN SINGH v. RAJASTHAN (Sarkaria, J.)
149
•
•Appeal by Special Leave from the Judgment and Order dated
. A
28~3-.1979 of the Rajasthan High Court in S.B. Cr!. Misc. Application
No; 128/78 .
Ram Jethmalani and N. H. Hingorani for the Appellant.
·Badridas Sharma for the Respondent.
The Order of the Court was delivered by
SARKARIA, J. This appeal by special leave is div"cted against an
order, dated March 28, 1979, whereby the High Court of Rajasthan
dismissed the· appellant's application under Section
482,
Criminal
Procedure Code and r~fused to set aside an Order dated August 14,
1978 of the Sessions Judge framing a charge under Section 201, Penal
Code against the appellant.
The pros·"cution case as put in Court is that on March 4, 1978,
one Padam Singh was shot dead at the farm of the appellant by the
accused, Doongar Singh, in conspiracy with the accused, Hanif ahd
Shambhoo Singh.
Padam Singh's deadbody was first put in a jeep
for removaL After going some distance the jeep went out of order.
Thereafter, Doongar Singh brought the car of
the
appellant.
The
deadbody was then transhipped into the car (RJF 2118) and was
taken to a distance and thrown into a lonely well on the boundary of
village, Ramasani.
Doongar Singh then brought the car
back to
Mohan Singh's bungalow where it was washed [ vide the Police report
of A.S.P. City (West) Jodhpur]. It i~ not alleged that the appellant was in any manll'~r concerned as an abettor or accomplice in The
murder or participated or abetted the removal and disposal of the
deadbody of Padam Si'ngh.
The only allegation on the
basis
of
which a charge under Section 201, Indian Penal Code has been framed
against the appellant is that on March 8, 1978, that is, five days
·after the murder of Padam Singh, he got his car washed at the Petrol
Pump of one Umrao Khan.
In this connection,
the
investigating
Police Officer examined Sardar Kha'n sou of Umrao Khan, Petrol
Pump dealer and his servant, Mangilal.
There is nothing in their
statements that there was any blood on the car which was washed.
There was not an iota of material on the record to furnish basis even
for a grave suspicion that by getting the car washed on the 8th March,
1978, the appellant caused any blood or other evidence concerning
the murder of Padam Singh, to disappear.
The pres·~nce of bloodstains on the car on the 8th March stood negatived by the prosecution's
own assertion (in the police challan) that Doongar Singh had got the
1'lood on the car washed on th2 day of the murder, itself.
The mere
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,ti
150
SUPREME COURT REPORTS
[ 1980 J 1 S.C.R.
•
washing of the car on the 8th March could not, by any stretch of
imagination, be prima facie evidence of the factual ingredients of .. an
offence under Section 201, Pe"nal Code.
The impugned order of the
Sessions Judge being based on no evidential material, whatever, was
manifestly illegal.
We, thernfore, allow this appeal, set
aside
the
impugned Order and quash the charge framed against the appellant.
S.R.
Appeal allowed.
•
•