RANDHIR @ RANDHIR PAL & ORS. versus STATE OF HARYANA
[2016] 5 S.C.R. 827, Supreme Court of India, 2016
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
[2016] 5 S.C.R. 827 
RANDHIR @ RANDl-lIR PAL & ORS. 
v. 
STATE OF HARYANA 
(Criminal Appeal No. 1580 of2010) 
OCTOBER 06, 2016 
[JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.] 
Penal Code, I 860: ss. I 48, 302, 342, 452 rlw s.149 -
Victim-
deceased attacked and shot dead in a shop - Allegations against 
appellants that they were standing in the street and preventing 
people from entering the shop and from moving on the street in 
front of the shop at the time when other accused persons were 
assaulting the victim - Conviction of appellants under ss. 148, 302, 
342, 452 rlw s. I 49 by courts below - Challenge against - Held: 
Statement of eye-witnesses was to the effect that the appellants were 
not involved in the assault which took place inside the shop - Neither 
of these appellants were stated to have caused injuries to the 
deceased - Naming the persons who were purportedly prevented 
from entering the shop premises was an afterthought, as these 
persons were not named when PW7 registered his complaint, on the 
date of the occurrence itself - Evidence showed that there was 
previous enmity between complainant party and the appellants -
Therefore, it is difficult to conclude that the appellants were involved 
in the occurrence -Appellants entitled to benefit of doubt and hence 
acquitted. 
Allowing the appeal, the Court 
HELD: 1. The statement of PW-7 was to the effect that 
besides stopping people from moving on the street, some named 
persons, were also prevented from
entering into the shop. It is 
not a matter of dispute, that the instant version was an addition 
to the original version depicted by PW7, at the time of registering 
the complaint. Inasmuch as, in the First Information Report, it 
was neither stated that any of these appellants, namely - A2, A4, 
A7, AS and All, were armed. And furthermore, none of the 
persons who have now been named (as having been prevented 
from entering the shop), were mentioned earlier. The version 
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depicted by PW8, when he deposed before the trial court, was on 
similar lines as PW7. Based primarily on the evidence of the 
above two eye-witnesses (PW7 and PW8), the trial court found 
the appellants guilty of the charges levelled against them, under 
sections 148, 302, 342, 452 read with section 149 of the Penal 
Code, as also, as against Al under the Arms Act. [Paras 5 and 6) 
[830-G-H; 831-A-B) 
2. Even as per the statements of two eye-witnesses, namely, 
the brothers of the deceased (PW7 and PW8), the present five 
appellants were not involved in the assault which had taken place 
within the shop premises, on 26.11.2002. Neither of these five 
appellants can, therefore, be stated to have caused any injuries 
to the deceased, on the fateful day. The persons named by PW7, 
as being prevented from entering the shop premises, was an 
afterthought, as these persons were not named when PW7 
registered his complaint, on the date of the occurrence itself. 
Not only that, the statement of PW8 clearly demolishes the version, 
with reference to those persons since in the statement of PW7, 
for the reason, that PW8 took the position, that after the 
occurrence, he had gone to his field, to call for help. Even though 
there is no material on the record of the case, to identify whether 
the persons my1~ed in the statements of PW7 and PW8, were the 
same persons, it is quite apparent, that they indeed seem to be
the same persons, on account of the names being the same. The 
testimony of PW7, with reference to stopping persons from 
coming into the shop, by the five named appellants before this 
Court, appears to be false. In any case, this factual position cannot 
be stated to be fully established. Appellants namely A2, A-7 and 
A-11 are relatives of a person whose murder was committed 
around year prior to the fateful incident. It is a,pparent, therefore, 
that on account of enmity, innocent family members of the accused 
persons, were also roped in. [Paras 13, 14, 15) [833-D-H; 834-A-
C] 
3. It is difficult to conclude with certainty, that the present 
five appellants, were truly and factually involved in the occurrence. 
In the above view of the matter, the appellants are entitled to the 
benefit of doubt. Accordingly, while giving the benefit of doubt to 
the appellants, the appellants (A2, A4, A 7, and All) are acquitted 
of the charges levelled against them. [Para 16) [834-D-E]
RANDHIR@RANDHIR PAL & ORS. v. STATE OF HARYANA 
829 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
A 
1S80of2010. · 
From the Order dated 18.09.2009 by the High Court of Punjab 
and Haryana at Chandigarh in Criminal Appeal No. 71S-DB of2004. 
V. Giri, Sr. Adv., Mrs. Kawaljit Kochar, Ms. Krishna Parkhari, 
Ms. Kus um Chaudhary, Advs. for the Appellants. 
Anish Kumar Gupta, AAG, Chandra Shekhar Suman, R. K. 
Rajwanshi, Ms. Deepshikha Bharati, Dr. Monika Gusain, Advs. for the 
Respondent. 
The Judgment of the Court was delivered by 
J. S. KHEHAR, J. I. The instant criminal appeal by special 
leave, was originally filed by eight of the accused namely Randhir A2, 
Amrit - A3, Vijay Kumar - A4, Satyawan - AS, 
Rajesh - A6, Lakhmi 
Ram - A 7, Shiv Narain - A8 and Manoj -A 11. 
2. By this Court's order dated 22.2.2010, notice was issued only 
with reference to the appeal preferred by A2, A4, A 7, A8 and A 11. The 
special leave petition preferred by the remaining accused was dismissed. 
3. The details of the occurrence under reference, emerges from 
the statement of Raj Mal- PW7, who had made a complaint on the date 
of occurrence itself- 26.11.2002. In the complaint, he had asserted, that 
he himself and his two brothers, namely, Randhir - PW8 and Lax.man 
(the deceased), were present at their shop at 8.30 a.m. At 8.40 a.m., six 
of the accused namely Satpal -Al, Amrit-A3, Satyawan s/o Baru Ram . 
- AS, Rajesh - A6, Rajinder s/o Jita -A9, and Rajinder s/o Baru -Al 0,
entered their shop. They were carrying a country made pistol, knives 
and "gandasas" (axes). In the complaint it was also asserted, that Satpal 
-A 1 fired a shot with the pistol in his possession, which hit the chest of 
the complainant's brother - Laxman. He further claimed, that Rajinder 
s/o Jita - A9 gave a "gandasa" blow on the left cheek of the deceased 
Laxman. And that, Satyawan - AS gave a "gandasa" blow on the left 
shoulder of Laxman. He also asserted, that Amrit -A3 inflicted a knife 
blow on the forehead of Laxman, and further that, Rajinder s/o Baru -
AlO inflicted a "gandasa" blow on the left ear of Laxman. Having 
committed the aforesaid assault, it was maintained by the complainant, 
that the aforesaid six accused came out of the shop. It was also pointed 
out, that at that juncture, Randhir -A2, Vijay Kumar -A4, Lakhmi Ram 
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- A 7, Shiv Narain - AS, and Manoj - A 11, were standing guard outside 
the premises of the shop. They were preventing persons from entering 
the shop, as also, passersby from moving on the street in front of the 
shop. 
4. The aforestated details depicted in the complaint, which came 
to be converted into the First Information Report, were affirmed by two 
prosecution witnesses, who claimed to be eye-witnesses to the 
occurrence, namely Raj Mal - PW7, and Randhir - PWS. Needless to 
mention, that both Raj Mal - PW7 and Randhir - PWS were brothers of 
Laxman (on whom the aforestated injuries were inflicted) and who 
subsequently succumbed to the injuries inflicted on him. 
5. Insofar as the deposition of Raj Mal - PW7 is concerned, in 
his examination-in-chief he asserted, that he had seen Shiv Narain -AS, 
and Randhir -A2 on the northern side of the shop. And that, they were 
armed with "lathis" (fighting sticks) and 'jellies" (pitchforks). He also 
asserted, that he had seen Manoj - A 11, Lakhmi Ram - A 7 and Vijay 
Kumar - A4 standing on the southern side of the street, in front of the 
house of Shiv Lal, and that, they were also similarly anned. It was pointed 
out by him, that they were trying to stop persons coming towards the 
shop. During his cross-examination, he deposed as under: 
"The accused who were standing outside the shop have stopped 
Bir Bhan, Vi nod and one Harijan to come towards the
shop, where 
the occurrence has taken place. I have not told the names of. 
those person to the police nor the police enquired about it. Bir 
Bhan and Vinod came one after the other from one side, while 
Laxman Harijan came from the other side of the street. They 
were stopped at a distance of about 30 feet from our shop. I did 
not disclose about the places to the Draftsman or to the police 
where the above named three persons were stopped by the 
accused from the proceeding towards our shop." 
From his aforestated statement it emerges, that besides stopping 
people from moving on the street, some named persons, were also 
prevented from entering into the shop. It is not a matter of dispute, that 
the instant version was an addition to the original version depicted by 
Raj Mal - PW7, at the time of registering the complaint. Inasmuch as, 
in the First Information Report, it was neither stated that any of these 
appellants, namely - Randhir - A2, Vijay Kumar - A4, Lakhmi Ram -
RANDHIR@ RANDHIR PAL & ORS. v. STATE OF HARYANA' "831 
[J. S. KHEHAR, J.] 
A7, Shiv Narain - A8 and Manoj -Al I, were armed. And furthermore, 
none of the persons who have now been named (as having been· 
prevented from entering the shop), were mentioned earlier. 
6. The version depicted by Randhir - PW8, when he deposed 
before the trial court, was on similar lines as Raj Mal - PW7. Based 
primarily on the evidence of the above two eye-witnesses (Raj Mal -
PW7, and Randhir-PW8), the trial court found the appellants guilty of 
the charges levelled against them, under sections 148, 302, 342, 452 
read with section 149 of the Indian Penal Code, as also, as against 
Satpal - A I under the Arms Act. 
7. All the appellants preferred an appeal, against the judgment 
dated 23.7.2004, rendered by Additional Sessions Judge, Jind, to the High 
Court of Punjab and Haryana at Chandigarh (hereinafter referred to as 
the High Court) which was registered as Criminal Appeal No.715 DB/ 
2004. The above appeal was dismissed by the High Court on 18.9.2009. 
8. This Court by its order dated 22.2.20 I 0, dismissed the appeal 
preferred by Satpal -Al, Amrit -A3, Satyawan -AS, Rajesh -A6 and 
Rajinder s/o Baru -A 10. The only remaining appellants before this Court, 
in the present appeal are, those who were allegedly standing in the street. 
These appellants were accused of preventing people from entering the 
shop at the time of occurrence, and from moving on the street in front of 
the shop. 
9.
It is pertinent to mention, that the High Court acquitted the 
accused Rajinder s/o Jita -A9, on the ground that the prosecution.had 
not been able to prove its case against him beyond ail reasonable doubt. 
The allegations levelled against the remaining appellants namely Randhir 
-A2, Vijay Kumar -A4, Lakhmi Ram -A 7, Shiv Narain -A8 and Manoj 
-All as noticed above, were limited to the assertion, that they were 
preventing persons fro·m entering into the shop premises, and also, 
preventing passersby from moving on the street in front of the shop. 
It was the vehement contention of the learned Senior Counsel for 
the appellants, that it is not even the case of the prosecution witnesses, 
and not even the assertion of two 'of the brothers of the deceased -
Laxman, who had appeared as prosecution witnesses (Raj Mal - PW7 
and Randhir - PW8), that the present five appellants, were in any way 
involved in the injuries, which were inflicted on the deceased Laxman. 
It was not even their assertion, that the present five appellants had entered 
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the shop premises at the time of the occurrence, or had participated in 
the occurrence in any manner whatsoever, except that, they were allegedly 
preventing passersby from moving on the street, and from entering the 
shop, wherein the occurrence had taken place. 
I 0. It was also the submission of the learned Senior Counsel for 
the appellants, that according to the prosecution story, the motive for 
committing the crime was the murder of Prem s/o Baru on 30.S.2001 
i.e., about one and quarter years prior to the present occurrence, wherein, 
the deceased herein - Laxman, was allegedly involved. It was submitted, 
that the effort now was to involve as many members of the family as 
possible, of the deceased - Prem S/o Baru. It was also the contention of 
the learned Senior Counsel for the appellants, that the exact position 
where the five appellants were positioned, when the occurrence took 
place, has also not been disclosed. It was also his contention, that the 
persons who were stopped from moving on the street, or coming into the 
shop by the present appellants, were not originally named. Insofar as Bir 
Bhan, and Laxman Harijan are concerned, it was submitted, that the 
contention of Raj Mal - PW7 was, that they were prevented from coming 
into the shop premises, whereas, they were not named in the First 
Information Report. It was also pointed out, that neither the concerned 
passersby, nor the
persons named (who had been prevented, from 
entering into the shop premises), were recorded during the course of the 
investigation, or thereafter, during the course of the trial. 
11. During the course of hearing, when the factual position, 
indicated at the behest of the learned Senior Counsel for the appellants, 
was brought to the notice of the learned counsel representing the State 
ofHaryana, he acknowledged, that none of the present five appellants 
participated in the occurrence, within the premises of the shop. It was 
also not disputed, that with reference t0-A2, A4, A 7, AS, and A 11, the 
factual assertion contained in the First Information Report dated 
26.1 i .2002 was limited to the fact, that" ..... Vijay-A4 S/o Ram Kumar, 
Manoj - A 11 S/o Rajender and Lakhmi - A 7 S/o Baru, Brahaman by 
caste, were standing in front of the house of Rama Kala S/o Shiv Lal, 
Brahaman, in the street, and Shiv Narain -AS S/o Sunder and Randhir 
- A2 S/o Jai Narayan, Brahaman, residents of the same village, were 
standing in front of the house of Pura S/o Kanbiya, Brahaman, in the 
street and were stopping the passersby ...... " None of these accused, 
according to learned counsel, were stated to be standing outside the
RANDHIR@ RANDHIR PAL & ORS. v. STATE OF HARYANA 
[J. S. KHEHAR, J.] 
shop in question, or were preventing persons from e_ntering the shop. It 
was also acknowledged, that none of these five appellants were alleged 
to have been possessed of any We{lpons, or that, they had caused any 
injuries on the deceased - Laxman. 
12. It was disputed, by the learned State counsel, that their (A2, 
A4, A 7, AS, and A 11) position, was not depicted in the rough sketch 
map. Insofar as the instant assertion is concerned, referring to the site 
plan Ex.PC, it was pointed out, that their exact location was marked at 
points 'J' and 'K', on the street in question. It was however not disputed 
by the learned State counsel, that the persons who were allegedly stopped 
from moving on the street, and others who were allegedly prevented 
from entering into the shop premises (as per the statements of the 
prosecution witnesses, recorded by the trial court), were neither examined 
at the investigation stage, nor any evidence was produced in that behalf, 
by the prosecution, during the course of the trial. 
13. Based on the rival submissions advanced at the hands of the 
learned counsel for the parties, we are of the view, that even as per the 
statements of two eye-witnesses, namely, the brothers of the deceased 
(Raj Mal- PW7, and Randhir - PW8), the present five appellants were 
not involved in the assault which had taken place within the shop premises, 
on 26.11.2002. Neither of these five
appellants can, therefore, be stated 
to have caused any injuries to the deceased Laxman, onJhe fateful day. 
14. We are of the view, that the persons named by Raj Mal -
PW7, as being prevented from entering the shop premises, namely Bir 
Bhan, Vinod, and Laxman Harijan, was an afterthought, as these persons 
were not named when Raj Mal - PW7 registered his complaint, on the 
date of the occurrence itself. Not only that~-the statement of Randhir -
PW8 clearly demolishes the version, with reference to Bir Bhan, Vinod, 
and Laxman Harijan, since in the statementofRaj Mal - PW7, for the 
reason, that Randhir - PW8 took the position, that after the occurrence, 
he had gone to his field, to call for help. And from his field, he had 
brought with him Vinod, Laxman Harijan, Tek Chand and Bir Bhan. 
Even though there is no material on the record of the case, to identify 
whether the persons named in the statements of Raj Mal - PW7 and 
Randhir - PW8, were the same persons, it is quite apparent, that they 
indeed seem to be the same persons, on account of the names being theJ 
same, especially Laxman Harijan. The testimony of Raj Mal - PW7, 
with reference to stopping persons from coming into the shop, by the 
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five named appellants before this Court, appears to be false. In any 
case, this factual position cannot be stated to be fully established. 
15. When examined closely, we are of the view, that one of the 
present appellants namely Randhir - A2, is the nephew of Prem s/o 
Baru, whose murder had been committed on 30.8.2001. Lakhmi Ram -
A 7, is the son of Baru, and therefore, the brother of the deceased Prem 
(in'the earlieroccurrence). Manoj-Al 1, is the son ofRajinder s/o Baru 
-A 10 and in that sense, the nephew of the deceased Prem (in the previous 
incident). It is apparent, that on account of enmity, innocent family 
members of the accused persons, were also roped in. The assertions 
made by learned Senior Counsel, on behalf of the accused, and the 
response thereto by the learned State counsel, noticed in paragraphs 10 
to 12 hereinabove, are also very meaningful, specially because the same 
confirm the position recorded by us in the course of our consideration, 
hereinabove. 
16. We are, therefore, of the view that it is difficult to conclude 
with certainty, that the present five appellants, were truly and factually 
involved in the occurrence. In the above view of the matter, we are 
satisfied, that the appellants are entitled to the benefit of doubt. 
Accordingly, while giving the benefit of doubt to the appellants, we acquit 
the appellants (Randhir - A2, Vijay Kumar - A4, Lakhmi Ram - A 7, 
Shiv Narain -
AS and Manoj - All) of the charges levelled against 
them. Since the present appellants are on bail, their bail bonds shall stand 
discharged. 
Devika Gujral 
Appeal allowed.