MALKHAN SINGH Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1974-2-20
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 28,1974

MALKHAN SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Cited Judgements :-

SUDAMA RAI SON OF LATE RAM ASHISH RAI VS. STATE OF BIHAR [LAWS(PAT)-2013-5-56] [REFERRED TO]
ATAL BIHARI SINGH VS. STATE OF BIHAR [LAWS(PAT)-2013-11-8] [REFERRED TO]
JODHAN VS. STATE OF M P [LAWS(SC)-2015-4-7] [REFERRED TO]
SUBASH TAREI VS. STATE OF ODISHA [LAWS(ORI)-2023-7-43] [REFERRED TO]
HARENDRA RAI VS. STATE OF BIHAR [LAWS(PAT)-2003-8-124] [REFERRED TO]
KULDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-7-273] [REFERRED TO]
RAJESH VS. STATE [LAWS(DLH)-2025-2-2] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. BALDEV SINGH SON OF THUNDU RAM [LAWS(HPH)-2013-1-101] [REFERRED]
IMRAN VS. STATE [LAWS(DLH)-2012-10-322] [REFERRED TO]
MUNNU VS. STATE OF U P [LAWS(ALL)-2008-10-59] [REFERRED TO]
PADALA RAMU AND OTHERS VS. STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF A P , HYDERABAD [LAWS(APH)-2018-2-18] [REFERRED TO]
ROOP KISHORE @ BOBBY VS. STATE [LAWS(DLH)-2017-8-80] [REFERRED TO]
SHUKH DEV AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-312] [REFERRED TO]
RAM JAG VS. STATE OF U P [LAWS(ALL)-2017-9-292] [REFERRED TO]
UJJA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-8-150] [REFERRED TO]
SURJEET KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-1-375] [REFERRED TO]
NAQUI HAIDER @ ROSHAN VS. STATE OF BIHAR [LAWS(PAT)-2017-11-3] [REFERRED TO]
BOXING RAI @ RAMAKANT RAI, SON OF LATE RAM DEVAN RAI VS. STATE OF BIHAR [LAWS(PAT)-2017-10-71] [REFERRED TO]
PANCHOLA VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-1977-2-28] [REFERRED TO]
AIZAZ VS. STATE OF U P [LAWS(SC)-2008-8-87] [REFERRED TO]
HAREKRUSHNA NAIK VS. STATE OF ORISSA [LAWS(ORI)-2022-9-44] [REFERRED TO]
MANIVASAGAM VS. STATE [LAWS(MAD)-2020-12-274] [REFERRED TO]
SUDHEER VS. STATE OF KERALA [LAWS(KER)-2014-4-51] [REFERRED TO]
VED YADAV VS. STATE [LAWS(DLH)-2022-10-170] [REFERRED TO]
SANJAY KUMAR SON OF SHRI KISHAN CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-9-15] [REFERRED TO]
RAM BAKSHA PATEL VS. STATE OF M.P. [LAWS(MPH)-2018-5-147] [REFERRED TO]
BAHADUR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-434] [REFERRED TO]
SATYA DEO VS. STATE OF U.P. [LAWS(ALL)-2014-4-9] [REFERRED TO]
STATE VS. SIDDARTH VASHISTH alias MANU SHARMA [LAWS(DLH)-2001-3-113] [RELIED ]
YAAD ILAHI VS. STATE [LAWS(DLH)-2004-9-29] [REFERRED TO]
STATE OF GOA VS. ROSARIO FERRAO [LAWS(BOM)-2022-10-84] [REFERRED TO]
SIMRAN @ MEENA KHAN VS. STATE [LAWS(DLH)-2016-5-146] [REFERRED TO]
DHAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-3-98] [REFERRED TO]
PRITAM AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2021-3-4] [REFERRED TO]
MUNNI LAL VS. STATE OF U.P. [LAWS(ALL)-2020-4-83] [REFERRED TO]
LALLAN @ GAYA RATAN YADAV AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-4-120] [REFERRED TO]
UGGAN VS. STATE OF U P [LAWS(ALL)-2017-8-449] [REFERRED TO]
SHYAMA DEVI VS. STATE OF U P [LAWS(ALL)-2017-9-299] [REFERRED TO]
ABDUL SAYEED VS. STATE OF MADHYA PRADESH [LAWS(SC)-2010-9-91] [REFERRED TO]
DEEPAK VERMA VS. STATE OF HIMACHAL PRADESH [LAWS(SC)-2011-10-1] [REFERRED TO]
PARASA RAJA MANIKYALA RAO VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2003-10-64] [REFERRED TO]
SUNIL PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2017-5-64] [REFERRED TO]
GIRDHARI YADAV VS. STATE OF BIHAR [LAWS(PAT)-2017-2-120] [REFERRED TO]
DHARMDEV KUMAR, SON OF RAMVILAS MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2017-11-158] [REFERRED TO]
RAJA MISHRA ALIAS RAJA RAM MISHRA VS. STATE OF BIHAR [LAWS(PAT)-2014-5-48] [REFERRED TO]
RAM KISHORE TIWARI, SON OF LATE LAXMI TIWARI VS. STATE OF BIHAR [LAWS(PAT)-2018-5-101] [REFERRED TO]
NAKHIA VS. STATE OF ODISHA [LAWS(ORI)-2022-9-10] [REFERRED TO]
MALKIAT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-2-543] [REFERRED TO]
BHANWAR LAL @ BHOORA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-305] [REFERRED TO]
SHAHJAHAN SEIKH VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-8-33] [REFERRED TO]
DEBA DEBARANJAN MOHAPATRA VS. STATE OF ORISSA [LAWS(ORI)-1993-2-30] [REFERRED TO]
PRAMOD S/O MIHILAL KORI VS. STATE OF M P [LAWS(MPH)-2018-2-319] [REFERRED TO]
RAMSIYA S/O BHAGIRATH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-126] [REFERRED TO]
LAL MANI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2020-5-83] [REFERRED TO]
SHEO KUMAR @ BAGGAR VS. STATE OF U P [LAWS(ALL)-2017-9-267] [REFERRED TO]
VISHUN KUMAR & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-469] [REFERRED TO]
RAMESHWAR VS. STATE OF C.G. [LAWS(CHH)-2012-9-57] [REFERRED TO]
LILARAM VS. STATE OF M.P. [LAWS(CHH)-2012-4-77] [REFERRED TO]
MOHAN S\O SURYABHAN CHANDAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-3-81] [REFERRED TO]
RAM RAI, S/O LATE PARDEEP RAI VS. STATE OF BIHAR [LAWS(PAT)-2018-1-104] [REFERRED TO]
SHYAMA PANASPUTIA VS. STATE OF ORISSA [LAWS(ORI)-2022-9-3] [REFERRED TO]
STATE OF GUJARAT VS. AMRA SAMAT RABARI [LAWS(GJH)-2020-1-228] [REFERRED TO]
GANPATBHAI MAHIJIBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-69] [REFERRED TO]
RAJPUT ANIL RAMSINH VS. STATE OF GUJARAT [LAWS(GJH)-1991-4-3] [REFERRED TO]
MANI SHANKAR VS. STATE NCT OF DELHI [LAWS(DLH)-2022-10-30] [REFERRED TO]
NAEEM KHAN @ GUDDU VS. STATE [LAWS(DLH)-2013-10-266] [REFERRED TO]
JAGDAMBA VS. STATE OF U P [LAWS(ALL)-2021-5-28] [REFERRED TO]
SIDH NATH SINGH AND (4) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-300] [REFERRED TO]
RAM MILAN AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-265] [REFERRED TO]
SHYAMOO @ PAPPU VS. STATE OF U P [LAWS(ALL)-2018-1-331] [REFERRED TO]
CHANDRA PRAKASH @ PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2017-10-318] [REFERRED TO]
JAI PAL SINGH AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-10-270] [REFERRED TO]
RAJU & OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-272] [REFERRED]
RANJEET DAS, SON OF BABULAL DAS VS. STATE OF BIHAR [LAWS(PAT)-2017-9-115] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
PINTOO @ LAKHAN SINGH & ANOTHER VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-105] [REFERRED TO]
SAGAN VS. STATE OF M P [LAWS(MPH)-2018-6-56] [REFERRED TO]
VEER BAHADUR SINGH AND ORS. VS. STATE AND ORS. [LAWS(DLH)-2015-3-214] [REFERRED TO]
BIRSHA MURAH VS. STATE OF ASSAM [LAWS(GAU)-2024-4-36] [REFERRED TO]
YOGESH S/O NATTHUSINGH UIKE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-3-42] [REFERRED TO]
MOHD NADIM VS. STATE [LAWS(DLH)-2018-4-439] [REFERRED TO]
VEERPAL VS. STATE NCT OF DELHI [LAWS(DLH)-2020-9-121] [REFERRED TO]
NAGESH CHANAVIRGONDA PATIL AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-2-293] [REFERRED TO]
YUNUS VS. STATE OF U. P. [LAWS(ALL)-2022-12-81] [REFERRED TO]
HARENDERA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-10-238] [REFERRED TO]
DHRUV RAJ RAI VS. STATE OF U P [LAWS(ALL)-2019-9-89] [REFERRED TO]
DAL BAHADUR SINGH @ CHHOTU VS. STATE OF U P [LAWS(ALL)-2017-8-380] [REFERRED TO]
VISHRAM VS. STATE OF U P [LAWS(ALL)-2017-8-429] [REFERRED TO]
JHAPTI AND (4) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-270] [REFERRED TO]
MANOJ KUMAR VS. STATE OF U.P. [LAWS(ALL)-2017-5-162] [REFERRED TO]
KADTI RAMA VS. STATE OF M.P. [LAWS(CHH)-2012-8-64] [REFERRED TO]
VIKKI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2017-8-119] [REFERRED TO]
PRAKASH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2006-12-41] [REFERRED TO]
SUNDER SINGH VS. STATE [LAWS(DLH)-2023-4-107] [REFERRED TO]
KAZIMAN GURUNG, S/O LATE LALL BAHADUR GURUNG VS. STATE OF SIKKIM [LAWS(SIK)-2017-7-12] [REFERRED TO]
VAMAN RAO S/O SHANKAR RAO KANATHE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-79] [REFERRED TO]
GUBRA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-74] [REFERRED TO]
SAAVAN SON OF SHIVLAL SATNAMI VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2016-3-60] [REFERRED]
ROHIT @ MONA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2016-8-489] [REFERRED]
JAGAN NATH AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-10-319] [REFERRED TO]
SHIV NAYAK VS. STATE OF U P [LAWS(ALL)-2017-6-73] [REFERRED TO]
MOHD SHAMIM GHOSI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-8-471] [REFERRED TO]
HAIDER ALI VS. STATE OF U P [LAWS(ALL)-2017-8-466] [REFERRED TO]
NANDE @ TAPESHWARI PRASAD VS. STATE OF U P [LAWS(ALL)-2017-8-475] [REFERRED TO]
DHANTOO VS. STATE OF U P [LAWS(ALL)-2017-9-239] [REFERRED TO]
SHEO MOHAN VS. STATE OF U P [LAWS(ALL)-2017-9-275] [REFERRED TO]
KANHAIYA LAL AND AN OTHER VS. STATE OF U P [LAWS(ALL)-2018-1-347] [REFERRED TO]
RAM NATH SINGH AND (4) ORS VS. STATE OF U P [LAWS(ALL)-2018-1-349] [REFERRED TO]
VIJAI BAHADUR AND (3) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-317] [REFERRED TO]
AYODHYA PRASAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-12-244] [REFERRED TO]
RAM KUNWAR @ RATAN LAL VS. STATE [LAWS(RAJ)-2017-8-4] [REFERRED TO]
CHANDESHWAR SAH VS. STATE OF BIHAR [LAWS(PAT)-2018-1-158] [REFERRED TO]
CHANDAN KUMAR YADAV @ CHANDAN YADAV SON OF SUBODH YADAV VS. THE STATE OF BIHAR [LAWS(PAT)-2017-3-177] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
MADAN SAHNI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-3-60] [REFERRED TO]
VALABHAI GHELABHAI BHARWAD VS. STATE OF GUJARAT [LAWS(GJH)-2016-6-218] [REFERRED TO]
VINAYAK RAMBHAU WAGHMARE AND RAMESH VISHWANATH JADHAV AND MAHADEV VITHAL KAWADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1985-8-4] [REFERRED TO]
JASWANTBHAI CHATURBHAI NAI & ORS. VS. STATE OF GUJRAT & ANR. [LAWS(BOM)-2017-5-79] [REFERRED TO]
RAKSHPAL VS. STATE OF U.P. [LAWS(ALL)-2025-2-32] [REFERRED TO]
SANTOSH SHUKLA @ SHIV MOHAN SHUKLA AND (3) ORS VS. STATE OF U P [LAWS(ALL)-2017-8-467] [REFERRED TO]
AZAD VS. STATE OF U P [LAWS(ALL)-2017-8-492] [REFERRED TO]
AVADESH AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-9-244] [REFERRED TO]
HARI BANSH TIWARI VS. STATE OF U P [LAWS(ALL)-2017-9-301] [REFERRED TO]
BOPPANA BEERAIAH VS. STATE [LAWS(APH)-2016-5-5] [REFERRED TO]
IN REFERENCE (SUO MOTO) VS. YOGESH NATH [LAWS(MPH)-2021-9-86] [REFERRED TO]
VIJAY SINGH AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2018-6-267] [REFERRED TO]
DEO NARAIN MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2014-1-11] [REFERRED TO]
BHAGAWAN BAG VS. STATE OF ODISHA [LAWS(ORI)-2022-7-45] [REFERRED TO]
AKRURA BAG VS. STATE OF ORISSA [LAWS(ORI)-2022-9-144] [REFERRED TO]
GANGA SINGH RAJPUT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-11-70] [REFERRED TO]
MALLIKARJUN VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-672] [REFERRED TO]
THE STATE OF A.P. VS. ADDASARI TRINADHA AND ORS. [LAWS(APH)-2020-5-65] [REFERRED TO]
ALLA SATYANARAYANA, VIJAYAWADA VS. THE STATE OF A.P. [LAWS(APH)-2017-11-100] [REFERRED TO]
RAJDEO PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-10-227] [REFERRED TO]
PAPPU @ SURENDRA KUMAR SONAR AND (2) OTHERS VS. STATE OF U P [LAWS(ALL)-2017-9-263] [REFERRED TO]
JHINKAN @ RAM LAKHAN VS. STATE [LAWS(ALL)-2018-1-679] [REFERRED TO]
NACHAU SINGH VS. STATE OF U P [LAWS(ALL)-2017-9-305] [REFERRED TO]
VINOD VS. STATE OF U. P. [LAWS(ALL)-2023-7-97] [REFERRED TO]
VINOD VS. STATE OF U. P. [LAWS(ALL)-2023-7-97] [REFERRED TO]


JUDGEMENT

Khanna, J. - (1.)Malkhan Singh (18) and Munshi Lal (22) were convicted by learned Additional Sessions Judge Aligarh for an offense under Section 307 read with Section 34 Indian Penal Code and were sentenced each to undergo rigorous imprisonment for a period of seven years. On appeal the Allahabad High Court altered the conviction of the two accused to that under Section 324 read with Section 34 Indian Penal Code and reduced to the sentence to rigorous imprisonment for a period of two years. The two accused have now approached this Court in appeal by special leave.
(2.)The prosecution case is that on January 26, 1967 at about 7 p.m. PW Jai Narain Sharma, an employee in the Sales Tax Office Hathras was going on cycle from Sasni to his village Birra. It was a night of full moon. Near a place called Quila, shots were fired from behind Jai Narain in his back. Jai Narain looked back and he saw the two accused coming on a cycle. Malkhan Singh was on the saddle of the cycle, while Munshi Lal was sitting behind. Munshi Lal was holding a pistol at that time. The two accused then went ahead of Jai Narain. Jai Narain also followed them on his cycle. At a distance of about three or three and a half furlongs from the place of occurrence is a factory known as Shyam Glass Factory. Jai Narain raised alarm, whereupon the two accused leaving their cycle, went inside an arhar field. Persons present outside the factory including Radhey Shyam (PW 2), who had seen the accused in the electric light, then went towards the field but did not go forward out of fear. The cycle left by the accused was taken into possession. Jai Narain was then taken to the Police Station Sasni where he made a report regarding the incident. Jai Narain was examined by Dr. Ishwar Chandra Bhuttan, the same evening at 8 p.m. The doctor found multiple gunshot wounds each 1/8" x 1/8" on the lower part of the back of Jai Narain in an area of 5 1/2 " x 5". Some of the injuries were 1/8" deep. while others were superficial. The injuries were declared by the doctor to be simple in nature.
(3.)The two accused surrendered on July 7, 1967. An identification parade of the two accused was held by Shri Bindraban Sub Divisional Magistrate on July 29, 1967. The two accused were correctly identified by Jai Narain and Radhey Shyam PWs at the identification parade.


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