SHANKARIA Vs. STATE OF RAJASTHAN
LAWS(SC)-1978-4-14
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on April 26,1978

SHANKARIA Appellant
VERSUS
STATE OF RAJASTHAN Respondents





Cited Judgements :-

KAMBAPU RAMKRISHNA VS. STATE OF A P [LAWS(APH)-2004-11-81] [REFERRED TO]
MAHIRAM BORA VS. STATE OF ASSAM [LAWS(GAU)-1993-4-5] [RELIED ON]
AYUB ALI VS. STATE OF ASSAM [LAWS(GAU)-1998-8-22] [REFERRED TO]
MAYANK BOHRA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2009-8-75] [REFERRED TO]
KHALIL AHMED VS. STATE OF NCT OF DELHI [LAWS(DLH)-2014-12-40] [REFERRED TO]
SAPAN HALDAR VS. STATE [LAWS(DLH)-2012-5-496] [REFERRED TO]
MD. RUSTAM ALI VS. STATE OF ASSAM [LAWS(GAU)-2022-12-15] [REFERRED TO]
RUPA; M BALU VS. STATE [LAWS(MAD)-2016-3-381] [REFERRED]
K S GNANASEKAR VS. PREM PRATAP SINGH SISODIA ALIAS PREM SINGH SISODIA [LAWS(MAD)-2008-1-295] [REFERRED TO]
MARY XAVIER VS. STATE [LAWS(MAD)-2009-7-143] [REFERRED TO]
RAJ KUMAR BHARMORIA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-5-86] [REFERRED TO]
DEBARU HEMRAM @ BOHIRA HAMRON VS. STATE OF ASSAM [LAWS(GAU)-2019-2-9] [REFERRED TO]
K T MOHAMMED VS. STATE OF KARNATAKA [LAWS(KAR)-1987-12-8] [REFERRED TO]
YOGENDRA SHARMA AND ORS. VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-10-27] [REFERRED TO]
MANJU LAKRA VS. STATE OF ASSAM [LAWS(GAU)-2013-8-26] [REFERRED TO]
KUSUM GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2012-8-92] [REFERRED TO]
GOPAL GHATWAL VS. STATE OF TRIPURA [LAWS(GAU)-2002-12-34] [REFERRED TO]
ANGADA SUNA VS. STATE OF ORISSA [LAWS(ORI)-1992-3-16] [REFERRED TO]
MUNIAMMAL VS. INSPECTOR OF POLICE DINDIGUL TALUKA POLICE STATION [LAWS(MAD)-1995-7-36] [REFERRED TO]
PIYUSH KANTI DEO VS. STATE OF BIHAR [LAWS(PAT)-1999-8-120] [REFERRED TO]
MAHAVEER PRASAD S/O SHRI BALDEV PRASAD VS. THE STATE OF RAJASTHAN, [LAWS(RAJ)-2017-10-150] [REFERRED TO]
MATIRAM MUNDA VS. STATE OF ASSAM [LAWS(GAU)-2023-8-64] [REFERRED TO]
SUMAN BISWAS VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2023-8-10] [REFERRED TO]
STATE OF GUJARAT VS. SHASHIKANT KESHAVLAL PARMAR [LAWS(GJH)-1982-1-6] [REFERRED]
(THE) STATE OF GUJARAT VS. BABUBHAI SATYAMRAI RAI [LAWS(GJH)-1985-5-7] [REFERRED TO]
DEEPAK NANDA AND ORS. VS. STATE [LAWS(DLH)-2015-11-62] [REFERRED TO]
RAEES-UZ-ZAMA VS. STATE NCT OF DELHI [LAWS(DLH)-2013-5-24] [REFERRED TO]
SUNIL KUMAR ALIAS SONU VS. STATE N C T OF DELHI [LAWS(DLH)-2010-3-230] [REFERRED TO]
DASHRATH SAKHARAM SUTAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-4-14] [REFERRED TO]
CHANDRAKANT DIGAMBAR TANKSALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-4-44] [REFERRED TO]
TROILOKYA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2002-3-62] [REFERRED TO]
PANDU MURA VS. STATE OF ASSAM [LAWS(GAU)-2011-1-64] [REFERRED TO]
STATE OF M P VS. ASHISH BATHAM [LAWS(MPH)-2001-8-14] [REFERRED TO]
State of M.P. VS. Ashish Batham [LAWS(MPH)-2001-8-80] [REFERRED TO]
MURUGESAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2000-4-30] [REFERRED TO]
MURUGESAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2000-4-30] [REFERRED TO]
SHANMUGAYYA VS. STATE OF TAMIL NADU [LAWS(MAD)-1992-2-50] [REFERRED TO]
KHUMAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-1-431] [REFERRED TO]
REGISTRAR GENERAL HIGH COURT OF KARNATAKA BANGALORE VS. TALAWARA VENKATAPPA [LAWS(KAR)-2003-1-67] [REFERRED TO]
K. POOJA VS. STATE OF KARNATAKA [LAWS(KAR)-2024-2-109] [REFERRED TO]
STATE VS. MICHAEL ALEXIS [LAWS(PAT)-1997-1-44] [REFERRED TO]
KUSTA BALSU KANDNEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1985-9-33] [REFERRED TO]
STATE VS. BHOLA PAL ALIAS SALIL PAL [LAWS(CAL)-1995-7-21] [REFERRED TO]
MICHAEL GORDON KINGSBURY VS. NARCOTIC CONTROL BUREAU [LAWS(DLH)-1994-5-111] [REFERRED]
BAKUL BORA VS. STATE OF ASSAM [LAWS(GAU)-2004-6-24] [REFERRED TO]
CYRONE RODRIGUES VS. STATE OF GOA [LAWS(BOM)-2019-9-31] [REFERRED TO]
STATE OF GUJARAT VS. SUBAMIYA DOSMOHMED [LAWS(GJH)-1979-4-11] [REFERRED]
TEENA VS. STATE OF KERALA [LAWS(KER)-2022-2-28] [REFERRED TO]
KAMAL SINGH VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-259] [REFERRED TO]
STATE BY RURAL POLICE VS. B.C.MANJUNATHA @ MANJU [LAWS(KAR)-2013-4-105] [REFERRED TO]
RAVANAN VS. STATE INSPECTOR OF POLICE KUMBAKONAM [LAWS(MAD)-1992-8-21] [REFERRED TO]
KAMALJEET SINGH VS. STATE OF HARYANA [LAWS(P&H)-2019-4-137] [REFERRED TO]
GANESH PRASAD SINGH VS. STATE OF ORISSA [LAWS(ORI)-1986-9-9] [REFERRED TO]
DONBOKLANG RYNTATHIANG VS. STATE OF MEGHALAYA [LAWS(MEGH)-2022-5-5] [REFERRED TO]
SATISH @ LEELU SON OF SHRI SATYAPAL, BY CASTE YADAV VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-1-337] [REFERRED TO]
ALOKE NATH DUTTA VS. STATE OF WEST BENGAL [LAWS(SC)-2006-12-81] [REFERRED TO]
KEDA BEHERA VS. STATE OF ODISHA [LAWS(ORI)-2018-7-71] [REFERRED TO]
MOHD. NAUSHAD VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(SC)-2023-7-26] [REFERRED TO]
JAGADISH CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2018-8-161] [REFERRED TO]
BABALOO @ RAJ KUMAR MAURYA VS. STATE OF U P [LAWS(ALL)-2014-8-382] [REFERRED TO]
JAGDISH DEBNATH VS. STATEOF ASSAM [LAWS(GAU)-2000-8-32] [REFERRED TO]
STATE OF MAHARASHTRA VS. MOHAMMED AJMAL MOHAMMAD AMIR KASAB [LAWS(BOM)-2011-2-190] [REFERRED TO]
STATE OF MAHARASHTRA VS. VITHAL S O NAMDEO KHANAPURE [LAWS(BOM)-1993-2-15] [REFERRED TO]
ASWINI KALITA VS. KISMAT ALI [LAWS(GAU)-2022-4-20] [REFERRED TO]
PABITRA NINGDA VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2024-4-169] [REFERRED TO]
RAM TOSSA VS. STATE OF ASSAM [LAWS(GAU)-2012-5-40] [REFERRED TO]
PURNA SARMA VS. STATE OF ASSAM [LAWS(GAU)-2012-11-8] [REFERRED TO]
CHAKRADHAR SAHU VS. STATE [LAWS(ORI)-1991-7-15] [REFERRED TO]
RANJITHKUMAR VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2012-3-185] [REFERRED TO]
RANJITHKUMAR VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2012-3-185] [REFERRED TO]
OUSEPH VS. STATE OF KERALA [LAWS(KER)-1983-8-41] [REFERRED TO]
THYAGARAJAN VS. STATE [LAWS(MAD)-1992-10-4] [REFERRED TO]
INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE VS. ANIL BHAI BALWANT RAI DESAI [LAWS(MAD)-2008-1-290] [REFERRED TO]
FAKIR MOHAMMAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-8-38] [RELIED ON]
RABINDRA KUMAR PAL ALIAS DARA SINGH VS. REPUBLIC OF INDIA [LAWS(SC)-2011-1-114] [REFERRED TO]
SANJAY @ PAPDYA @ PAWAN @ PRASHANT @ RAHUL KALE @ PAWAR BHOSALE @ CHAVHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-2-176] [REFERRED TO]
MUSST JARINA KHATUN VS. STATE OF ASSAM [LAWS(GAU)-1991-1-7] [REFERRED TO]
HEM CHANDRA NAYAK VS. STATE OF ASSAM [LAWS(GAU)-1989-5-3] [REFERRED TO]
S NALAYA VS. STATE OF ASSAM [LAWS(GAU)-2004-2-23] [REFERRED TO]
RAJESWAR GOGOI VS. STATE OF ASSAM [LAWS(GAU)-2004-2-38] [REFERRED TO]
NARESH KUMAR SHARMA VS. STATE OF WEST BENGAL [LAWS(CAL)-1987-6-13] [REFERRED TO]
SAPAN HALDAR VS. STATE [LAWS(DLH)-2011-8-246] [REFERRED TO]
CHINNAKARUPPAN P. VS. COMMISSIONER OF CUSTOMS [LAWS(CE)-2006-5-229] [REFERRED TO]
BHUPENDER SINGH VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2011-4-82] [REFERRED TO]
STATE OF TRIPURA VS. SANKAR PAUL [LAWS(GAU)-2009-9-15] [REFERRED TO]
STATE OF ASSAM VS. SANJAY CHANDRA [LAWS(GAU)-2017-10-4] [REFERRED TO]
VANAJA VS. STATE [LAWS(KAR)-1998-12-35] [REFERRED TO]
PRASANNA RAJPALIA VS. STATE OF ORISSA [LAWS(ORI)-2008-7-81] [REFERRED TO]
SHREE LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-12-218] [REFERRED TO]
RAHUL TYAGI AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-8-157] [REFERRED TO]
STATE OF MADHYA PRADESH VS. SARNAMSINGH [LAWS(MPH)-2000-3-56] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. MOHD. PARVEZ ABDUL KAYUUM [LAWS(SC)-2019-7-31] [REFERRED TO]
STATE OF RAJASTHAN VS. DARBARA SINGH [LAWS(RAJ)-2000-3-24] [REFFERED TO : AIR 1978 SC 1248 10,25,31]
PHATIK CHANDRA GOGOI VS. STATE OF ASSAM [LAWS(GAU)-1987-2-1] [REFERRED TO]
NITAI SINGHA VS. STATE OF ASSAM [LAWS(GAU)-1990-2-1] [REFERRED TO]
RAJ KUMAR VS. STATE [LAWS(DLH)-2012-10-230] [REFERRED TO]
STATE VS. MOHD. NAUSHAD [LAWS(DLH)-2012-11-135] [REFERRED TO]
MANOJ ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-8-58] [REFERRED TO]
ANATH BANDHU & ANR. VS. THE STATE [LAWS(CAL)-1984-12-47] [REFERRED TO]
DEV DASS ALIAS DAWEED VS. STATE [LAWS(CAL)-1995-11-5] [RELIED ON]
DHANIRAM GOUR VS. STATE OF ASSAM [LAWS(GAU)-2024-9-8] [REFERRED TO]
STATE OF ASSAM VS. SALIM UDDIN [LAWS(GAU)-2013-8-91] [REFERRED TO]
BISHWAJIT SAHA VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-2017-1-67] [REFERRED TO]
KRISHNAN VS. STATE [LAWS(MAD)-1996-9-47] [REFERRED TO]
V RAJENDRAN VS. STATE [LAWS(MAD)-2012-3-349] [REFERRED TO]
CHETAN LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-9-18] [REFERRED TO]
RAJESH RANJAN @ PAPPU YADAV VS. STATE OF BIHAR THROUGH THE C.B.I. [LAWS(PAT)-2013-5-35] [REFERRED TO]
MOHAMMED JAMEEN MOHAMED MUNAWAR VS. INTELLIGENCE OFFICER [LAWS(MAD)-2010-3-16] [FOLLOWED ) [PARAS 11,25]]
DEBENDRA PRADHAN VS. STATE OF ORISSA [LAWS(ORI)-1995-3-28] [REFERRED TO]
SUKARMANI MUNDANI VS. STATE OF ORISSA [LAWS(ORI)-1983-9-7] [REFERRD TO 28.]
RABINDRA KUMAR PAL ALIAS DARA SINGH VS. REPUBLIC OF INDIA [LAWS(SC)-2010-1-11] [REFERRED TO]
SURENDRA KOLI VS. STATE [LAWS(ALL)-2023-10-84] [REFERRED TO]
JARINA KHATOON VS. STATE OF ASSAM [LAWS(GAU)-1992-1-2] [REFERRED TO]
DIPAK PAHARIA VS. STATE OF ASSAM [LAWS(GAU)-2004-2-19] [REFERRED TO]
PREM ALIAS SANTOSH S O JIVANDAS SATIJA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1993-2-37] [REFERRED TO]
CYRONE RODRIGUES VS. STATE OF GOA [LAWS(BOM)-2020-7-3] [REFERRED TO]
RANJAN DAIMARI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2022-9-125] [REFERRED TO]
WHITE ALI VS. STATE OF ASSAM [LAWS(GAU)-2012-2-84] [REFERRED TO]
MITHU KALITA ALIAS MITU VS. STATE OF ASSAM [LAWS(GAU)-2006-2-12] [REFERRED TO]
ABDUL QADIR SIDDIQUE VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2005-8-51] [REFERRED TO]
SUREN KHERIA @ NIGONI VS. STATE OF ASSAM [LAWS(GAU)-2017-12-32] [REFERRED TO]
GOBARDHAN RAJBANSHI VS. STATE OF JHARKHAND [LAWS(JHAR)-2002-4-5] [REFERRED TO]
RAJAGOPALAN VS. STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2018-4-61] [REFERRED TO]
SYED VASEEM S/O. SYED IMTHIYAZ VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-28] [REFERRED TO]
M MAHENDRANALIASNITHIYA ALIAS NIDHI VS. STATE [LAWS(MAD)-2001-2-126] [REFERRED TO]
SHAMBHOO LAL AND OTHER VS. STATE OF RAJASTHAN AND OTHER [LAWS(RAJ)-2018-5-216] [REFERRED TO]
SONVIR @ SOMVIR VS. THE STATE OF NCT OF DELHI [LAWS(SC)-2018-7-10] [REFERRED TO]
FAZLUL HAQUE ALIAS LALU SK. VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-10-54] [REFERRED]
MOHAMMAD NASIR VS. STATE OF U.P. [LAWS(ALL)-2014-5-181] [REFERRED TO]
BHAUSAHEB ALIAS BABU VS. STATE OF MAHARASHTRA [LAWS(BOM)-1996-7-58] [REFERRED TO]
CHITA NARASIMHA PRASAD VS. SUB INSPECTOR OF POLICE [LAWS(APH)-2005-9-110] [REFERRED TO]
NABIN CH BORO VS. STATE OF ASSAM [LAWS(GAU)-2002-3-48] [FOLLOWED ON]
BHUPINDER SINGH VS. STATE [LAWS(DLH)-2011-9-164] [REFERRED TO]
ARYA ABHUSHAN BHANDAR VS. UNION OF INDIA [LAWS(ALL)-1998-3-106] [REFERRED TO]
KULJEET SINGH ALIAS RANGA KHUS VS. STATE [LAWS(DLH)-1979-11-42] [REFERRED TO]
STATE VS. TIKA RAM [LAWS(DLH)-2005-3-2] [REFERRED TO]
NARENDRA KUMAR NATH AND ANR VS. STATE OF ASSAM AND ANR [LAWS(GAU)-2018-7-59] [REFERRED TO]
MANIYA TAKU VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2023-1-46] [REFERRED TO]
ASWINI KALITA VS. STATE OF ASSAM [LAWS(GAU)-2022-4-46] [REFERRED TO]
HEMRAJ @ BABA VS. STATE [LAWS(DLH)-2010-2-278] [REFERRED TO]
HIGH COURT OF KARNATAKA VS. SYED MOHAMMED IBRAHIM [LAWS(KAR)-2014-12-219] [REFERRED TO]
RAVI @ RAVICHANDRAN; SUNDARAM VS. INSPECTOR OF POLICE, MAGUDANCHAVADI POLICE STATION SALEM [LAWS(MAD)-2016-3-420] [REFERRED]
BHINYA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1978-9-23] [REFERRED TO]
STATE OF M P VS. PREETAM [LAWS(MPH)-1984-8-23] [REFERRED TO]
BHAGWAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2003-1-88] [REFERRED]
MANOHARAN VS. STATE BY INSPECTOR OF POLICE [LAWS(SC)-2019-11-15] [REFERRED TO]


JUDGEMENT

Sarkaria, J. - (1.)This appeal by special leave is directed against a judgment of the High Court of Rajasthan, by which the order of the Sessions Judge, Ganganagar, convicting the appellant under S. 302, Penal Code and sentencing him to death for the double murder of two persons in village Takhat Hazara, was confirmed.
(2.)The facts of the prosecution case are as follows:- A First Information Report was lodged on September 9, 1973 at about 7.30 a.m. by one Shyam Singh in Police Station Sadul Sahar, to the effect, that when he in the morning went to the Gurdwara of his village at about 7 a.m. for brooming and burning incense, as usual, he found three persons, one of whom, Mada Singh, lay groaning on a cot. The informant went back to the village, contacted Jagar Singh, Hari Singh, Sukhdarshan Singh, Amar Singh and others, and in their company returned to the Gurdwara. It was then detected that Kartar Singh son of Hari Singh lay dead on a cot with injuries on his head. The other two persons, Mada Singh and Wazir Singh, were lying injured. The locks of the rooms were found broken and the goods lay scattered. After registering the case, the station House Officer, Bhagwan Singh, reached the scene of occurrence. He prepared the site plan (Ex. P-8) and a connected explanatory note in which he recorded the physical facts noticed by him at the spot. Among other things, he found one blood-stained Kassi (Art. 1) and a Dabbi (small tin-box) (Art. 2). Some coins were also lying scattered there. He noticed some finger-prints on the Dabbi (Art. 2). He therefore in the presence of witnesses including Sukhdarshan Singh (P. W. 6), Jagger Singh (P. W. 8), prepared the seizure memo (Ex P-14) in respect of the Dabbi and sealed it into a parcel. He also sealed the blood-stained Kassi into a parcel, vide ex. P-12. He also took into possession blood-stained earth, clothes and broken locks from the scene. He also prepared the inquest report (Ex. P-12) in respect of the dead body of Kartar Singh deceased and sent it for post-mortem examination. Bhagwan Singh continued the investigation till September 12, 1973 when it was taken over by Bhanwar Singh.
(3.)A large number of crimes of this pattern involving murders or attempted murders were committed in Rajasthan and in the neighbouring States of Haryana and Punjab. Fifteen cases of crimes of a similar nature were registered in Ganganagar District, alone, from February 1973 to May 1974. Naturally, the Police machinery of Ganganagar District came into motion. Bhanwar Singh, Station House Officer, Sadar Police Station, Ganganagar started investigation of some of those crimes. He took over the investigation of this case also on September 12, 1973. Shri Shyam Pratap Singh Rathore, District Superintendent of Police supervised the investigation. Suspicion fell on the appellant who was found absent from his native village Karanpur, District Ganganagar.


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