1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1968 OF 2010 SHER SINGH APPELLANT(S) VERSUS THE STATE OF PUNJAB & ORS. RESPONDENT(S) O R D E R The appellant-Sher Singh is one of the six accused convicted by the Trial Court for the offence under Sections 302, 406, 454 and 455 read with Section 149 of Indian Penal Code and sentenced to undergo life imprisonment for an offence under Section 302 IPC and sentenced for varying periods for the other offences. The allegation against the present appellant is that on the intervening night of 2/3 March 2003, 10 to 12 persons intruded in the house of the deceased Shadi Ram Saini. The intruders removed the ring of the informant Umesh Saini and also other jewellery articles. The intruders also injured - Jarnail Kaur mother of Umesh Saini and wife of deceased
2 Shadi Ram Saini. The allegation against them is also of taking stereo and CDs of the car owned by the informant. Umesh Saini appeared as PW-5, whereas Jarnail Kaur appeared as PW-6. Both have identified the present appellant as one of the intruders. There is no cross examination conducted on the witness which can throw any doubt about the identification of the appellant as one of the assailants. In the absence of any evidence of creating a doubt regarding the presence of the appellant at the time of intruding into the house of the deceased, the finding of fact recorded by the Courts below cannot be said to be suffering from any illegality. The judgement of this Court reported in 1998 (3) SCC 625 titled as "Ronny Alias Ronald James Alwaris & Ors. Vs. State of Maharasthra" is enunciation of settled principle of law that test identification parade is a weak type of evidence and is part of the investigation. However, PW-5-Umesh Saini has deposed that he identified the accused during the investigation and such part had gone unrebutted in the cross-examination.
3 In view of the above, we do not find any error in the order passed by the High Court. Hence, this appeal is dismissed. Pending applications, if any, stand disposed of. ..............,J. (HEMANT GUPTA) ..............,J. (VIKRAM NATH) NEW DELHI AUGUST 10, 2022.
4 ITEM NO.104 COURT NO.8 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1968/2010 SHER SINGH Appellant(s) VERSUS THE STATE OF PUNJAB & ORS. Respondent(s) Date : 10-08-2022 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE VIKRAM NATH For Appellant(s) Mr. Santosh Mishra, Adv. Mr. Surya Kant, AOR For Respondent(s) Ms. Jaspreet Gogia, AOR Ms. Varnika Gupta, Adv. UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]
ìITEM NO.21 REGISTRAR COURT.2 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMAS CRIMINAL APPEAL NO(s). 1968 OF 2010SHER SINGH Appellant (s) VERSUSSTATE OF PUNJAB & ORS. Respondent(s)(With appln(s) for bail)Date: 23/10/2013 This Appeal was called on for hearing today.For Appellant(s) Mr. Surya Kant,Adv.For Respondent(s) Mr. K.K. Mahalik,Adv. Mr. Kuldip Singh,Adv. UPON hearing counsel the Court made the following O R D E R Service is complete. Both sides submits that no further steps are required. List the matter before the Hon'ble Court, as per rules.| | |(SUNIL THOMAS) ||mg | |Registrar |
xITEM NO.57 Court No.8 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3767/2010(From the judgement and order dated 17/11/2009 in CRLA No. 824/2007of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)SHER SINGH Petitioner(s) VERSUSSTATE OF PUNJAB & ORS. Respondent(s)(With appln(s) for bail,stay and office report )Date: 04/10/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE V.S. SIRPURKAR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Santosh Mishra, Adv.for Mr. Surya Kant,Adv.For Respondent(s) Mr. Devender Singh, Adv. for Mr. Kuldip Singh,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. (Pardeep Kumar) (Shashi Bala Vij) Court Master Court Master
ØITEM NO.65 Court No.8 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).3767/2010(From the judgement and order dated 17/11/2009 in CRLA No. 824/2007of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)SHER SINGH Petitioner(s) VERSUSSTATE OF PUNJAB & ORS. Respondent(s)(With appln(s) for bail,stay and office report )Date: 02/08/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE V.S. SIRPURKAR HON'BLE MR. JUSTICE CYRIAC JOSEPHFor Petitioner(s) Mr. Surya Kant,Adv. (not present)For Respondent(s) Mr. Ajay Bansal, Adv. for Mr. Kuldip Singh, Adv. UPON hearing counsel the Court made the following O R D E R None is present on behalf of the petitioner. List this matter after eight weeks. (Pardeep Kumar) (Shashi Bala Vij) Court Master Court Master
\222ITEM NO.22 COURT NO.9 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2010 CRLMP.NO(s). 8244(From the judgement and order dated 17/11/2009 in CRLA No. 824/2007of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)SHER SINGH Petitioner(s) VERSUSSTATE OF PUNJAB & ORS. Respondent(s)With CRLMP No. 8244/2010 ( c/delay in filing SLP)Date: 23/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE V.S. SIRPURKAR HON'BLE DR. JUSTICE MUKUNDAKAM SHARMAFor Petitioner(s) Ms. Purnima Jauhari, Adv. for Mr. Surya Kant,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. (Pardeep Kumar) (Shashi Bala Vij) Court Master Court Master