Criminal Law – Framing of Charges – Prima Facie Case – Charges framed against appellant for serious offences arising out of 1984 anti-Sikh riots including murder and conspiracy – Appellant sought discharge claiming statements of key witnesses (PW-1, PW-2, PW-10) were delayed by over 20 years and unreliable – Held: At the stage of framing charges, court need not evaluate evidence meticulously – If there is grave suspicion and sufficient material, charges can be framed – Detailed evaluation must await trial [Paras 7, 16–18].

Criminal Procedure Code – Section 227 and Section 228 – Scope of Judicial Scrutiny – Supreme Court reiterated principles governing discharge and framing of charges – Judge may sift and weigh evidence for limited purpose of seeing whether a prima facie case exists – If materials disclose grave suspicion, discharge not warranted – Court not to conduct a mini-trial at this stage [Paras 14–17].

Criminal Investigation – CBI Re-investigation – Validity – Initial closure report filed by Delhi Police in 2005 – Based on Nanavati Commission report and parliamentary assurance, CBI entrusted with re-investigation – FIR re-registered and chargesheet filed in 2010 – Held: CBI investigation valid – No challenge raised to its authority by appellant – Re-investigation led to collection of new material justifying framing of charges [Paras 19–20].

Delay in Prosecution – Right to Speedy Trial – Appellant contended that charges framed after 25 years violate Article 21 – Supreme Court held: While delay is a factor, it is not by itself a ground to quash proceedings – No prejudice shown at this stage – CBI investigation initiated based on Parliament’s response to Commission report – Trial to proceed expeditiously [Paras 22–24].

Observations by High Court – Effect on Trial – High Court made strong observations against appellant while upholding charges – Appellant feared bias at trial – Supreme Court clarified: Trial court must independently evaluate evidence – Observations of High Court not binding on merits – Trial judge to decide case uninfluenced by prior comments [Para 26].

Decision: Appeal dismissed – Charges against appellant upheld – Trial to proceed uninfluenced by High Court’s observations – Trial court directed to conclude proceedings expeditiously – Interim protection vacated [Paras 27].

Criminal Law – Mass Murder – Death Sentence – Premeditated and brutal act resulting in five deaths and severe injuries to one survivor – Accused set house ablaze with petrol while victims were having dinner and closed door to prevent escape – Balwant Singh, who managed to flee the burning room, was almost beheaded with sword – Held: Rarest of rare case justifying death penalty [Paras 1-3, 5-6, 35-36]

Eyewitness Testimony – Credibility of Injured Witness – Vimla Devi (PW-1), sole survivor with 70% burns, gave consistent and detailed testimony – Her evidence corroborated by material objects and dying declarations – Minor inconsistencies immaterial – Witness found wholly reliable [Paras 11-14]

Dying Declarations – Validity Without Medical Certification – Statements of Prem Singh and Vimla Devi recorded by Magistrate – Absence of medical endorsement not fatal where Magistrate confirmed fitness and voluntariness – Prem Singh’s declaration treated as substantive evidence – Vimla Devi’s as corroborative [Paras 15-19]

Investigation – Deficiencies Not Fatal – Investigation by Patwari was substandard – Failure to record dying declarations of other victims, delay in apprehending accused, and lack of forensic reporting noted – Court held lapses in investigation do not vitiate otherwise strong prosecution case [Paras 24, 25]

Criminal Procedure – Section 313 CrPC – Failure to put crucial incriminating circumstances to accused during examination criticised – Court advised trial courts to exercise greater care – Held: Omission did not cause prejudice in this case [Para 21]

Sentencing – Death Penalty – Rarest of Rare Case – No mitigating circumstances – Multiple murders committed with preparation and extreme cruelty – Use of petrol, sword, and torch proved intent to annihilate entire family – Delay in execution attributed to accused absconding for 12 years – Death sentence upheld [Paras 26-36]

NDPS Act – Possession – Conscious Possession – Sections 18, 35 & 54 – Recovery of 65 kg of opium from the dicky of a car driven by appellant Dharampal Singh with co-accused Major Singh as occupant – Once possession of contraband is established, the burden shifts to the accused to prove lack of conscious possession, being a fact within their special knowledge – Appellants failed to rebut the statutory presumption under Sections 35 and 54 – Vehicle not being a public transport vehicle, both occupants held in conscious possession of contraband [Paras 9–10].

Search and Seizure – Section 50 NDPS Act – Applicability – Held that Section 50 applies only to personal search and not to search of a vehicle – Recovery having been made from the car’s dicky, non-compliance of Section 50 not fatal – Trial Court’s acquittal on this ground rightly reversed by High Court [Para 4].

Criminal Procedure Code – Section 313 – Failure to specifically ask about “conscious possession” – Effect – The Court held that the essential circumstances, namely recovery of opium from the car driven and occupied by the appellants, were put to them – Omission did not cause failure of justice – Distinguished from State of Punjab v. Hari Singh (2009) 4 SCC 200, where the question of possession was wholly omitted [Paras 11–14].

Evidence – Independent Witnesses – Section 100 CrPC – Non-examination of independent witnesses not fatal when evidence of police witnesses found credible – Prosecution proved attempt to secure public witnesses, hence conviction not vitiated [Para 16].

Evidence – Defence Witness – Report of DW.6 regarding a different consignment of 111 kg opium held irrelevant – Chemical Examiner’s report confirming seized sample as opium accepted – Defence plea rejected [Para 15].

Decision: Appeals dismissed – Conviction under Section 18 NDPS Act and sentence of 10 years’ rigorous imprisonment with a fine of ₹1,00,000 each upheld [Para 17].

Criminal Procedure – Cognizance by Magistrate – Section 190(1)(b) CrPC – Magistrate competent to take cognizance of offence even if police in final report exonerates accused – Magistrate not bound by conclusions of investigating agency – Magistrate applied independent judicial mind and took cognizance against petitioner – Held: Magistrate acted within jurisdiction in issuing process without fresh inquiry [Paras 15-16]

Cognizance – Difference from Committal and Trial – Section 209 CrPC – Cognizance is of the offence, not the offender – Trial Court rightly dismissed application for discharge under Section 227 CrPC – Once cognizance is taken and charges are framed, remedy lies before trial court, not through SLP – Petition dismissed as infructuous [Paras 7, 17-18]

Criminal Procedure – Section 319 CrPC – Not only recourse for summoning additional accused – Section 190(1)(b) permits Magistrate to act on police report directly – Reference to larger Bench in Dharampal v. State of Haryana regarding conflict between Ranjit Singh and Kishun Singh not relevant to present case – Present facts covered by India Carat Pvt. Ltd. v. State of Karnataka [Paras 13-16]

Investigative Reports – Divergent Reports – Where both CID and local police exonerated petitioner, Magistrate still competent to disagree and take cognizance based on case diary and materials – High Court rightly upheld order refusing discharge [Paras 4-6, 15-16]

NDPS Act – Charas Recovery – Conscious Possession – Conviction Upheld – Accused persons found in a private car with 27.8 kg of Charas concealed in door panels – Both appellants identified and apprehended during routine check based on prior information – Presence in private vehicle, not public transport, raised presumption of conscious possession – No explanation offered by either accused to rebut presumption – Held: Both appellants in conscious possession under Sections 35 and 54 of NDPS Act – Conviction under Section 20 valid [Paras 2, 5, 22, 23]

NDPS Act – Section 50 Compliance – Search of Vehicle – Not Applicable – Appellants argued that they were not informed of their right under Section 50 to be searched before a Magistrate or Gazetted Officer – Held: Since recovery was from vehicle and not person of accused, Section 50 not attracted – Personal search was done later at police station and was not part of recovery – Giving option amounts to apprising right under Section 50 – No violation of mandatory provision [Paras 15–19]

NDPS Act – Discrepancy in Sample Weight – Not Sufficient to Discredit Seizure – Appellants contended that sample sent to lab weighed 65.5606 gms while only 50 gms was originally taken – Court held discrepancy immaterial as initial weighing was done on grocery shop scale and lab used precision instruments – No evidence of tampering or manipulation – Noor Aga and Rajesh Jagdamba cases distinguished on facts [Paras 9–14]

Criminal Procedure – Section 313 Statement – Not Equivalent to Defence Evidence – Co-accused claimed in 313 CrPC statement that he had merely taken a lift and was unaware of contraband – Held: 313 statement is not substantive evidence – Accused neither examined themselves nor produced witnesses – In absence of rebuttal, presumption of conscious possession stands – Conviction proper [Paras 20–21]

Decision: Appeals dismissed – Conviction and sentence under Section 20 of the NDPS Act upheld – No procedural irregularity or legal infirmity found in the prosecution’s case – Both appellants to remain in custody to serve sentence [Para 23]

Motor Accident – Compensation – Loss of Future Earning – Appellant, a 30-year-old painter, sustained fractures in both wrists and was assessed with 20% permanent disability of the whole body – High Court enhanced compensation to ₹72,000 but denied claim for loss of future income citing lack of documentary evidence – Held: High Court erred in not awarding any amount for future loss of earning despite clear medical evidence of physical disability impacting ability to work as a painter – Multiplier method applicable even in injury cases – Disability affects earning capacity and just compensation must reflect that [Paras 9, 14–17, 21].

Motor Vehicles Act – Section 163A – Application of Second Schedule – Structured formula and multiplier method applicable not just for fatal claims but also for permanent partial disablement – Tribunal and Courts must apply multiplier based on age and percentage of disability – In present case, monthly income of ₹3,000 accepted, multiplier of 17 applied for age 30, disability at 20% – Loss of future earning computed at ₹1,22,400 [Paras 10, 22].

Compensation – Principles of Just Compensation – Tribunal and High Court must adopt a fair, liberal, and realistic approach in assessing injury claims – Compensation is broader than damages and aims to restore the injured to a position as close as possible to pre-injury state – Granting compensation for future loss of earning is essential where disability impacts livelihood [Paras 17–20].

Constitution of India – Article 142 – Complete Justice – Instead of remanding case, Supreme Court exercised its power under Article 142 to avoid further delay and assessed just compensation itself – Lump sum of ₹2,00,000 awarded with 8% interest [Paras 22–24].

Decision: Appeal allowed in part – Compensation enhanced from ₹72,000 to ₹2,00,000 – Interest at 8% per annum from the date of petition till realization – No order as to costs [Paras 24–25].

Service Law – Time-bound Promotion – Eligibility Criteria – Respondent retired employee claimed higher pay scale after 16 years of service under 1990 circular issued to address stagnation – Held: Benefit available only to directly recruited Assistant Engineers or those promoted under Regulation 7(a)(ii) read with Regulation 10(4) or 10(6)/(9) having requisite qualifications like AMIE – Respondent did not possess such qualifications – Not eligible for higher pay scale [Paras 22–26, 41].

Constitutional Law – Articles 14 and 16 – Equality and Unequal Classification – Granting benefit of time-bound promotion to unqualified promotees would violate principle of equality – Legal fiction in circular limited to certain qualified promotees – Unequals cannot be treated as equals – Respondent not similarly situated with direct recruits or qualified promotees [Paras 23–25].

Judicial Discipline – Dismissal of SLP – Effect – High Court relied on earlier judgment affirmed by Supreme Court’s dismissal of SLP in similar case – Held: Dismissal of SLP by non-speaking order does not operate as binding precedent – Impugned order can still be challenged and examined on merits [Paras 20–21].

Statutory Interpretation – Purpose and Object – Interpretation of 1990 circular must further purpose of relieving stagnation among qualified employees – If interpreted to include all promotees irrespective of qualification, it defeats legislative intent and violates constitutional mandate – Circular applies only to those with required qualification and experience [Paras 33–38].

Service Law – Delay and Laches – Respondent filed writ petition 8 years after retirement – High Court failed to properly consider delay – Held: Petition was liable to be dismissed on this ground alone – Approach of High Court unsustainable [Para 39].

Relief – Recovery – Respondents had already retired – Benefits granted under High Court order – Held: Though order now set aside, no recovery to be made from amounts already paid to respondents [Para 40].

Decision: Appeal allowed – High Court judgment set aside – Respondent not entitled to benefit of 1990 circular due to lack of requisite qualifications – No recovery from amounts already disbursed.

Criminal Procedure – Appeal – Absence of Counsel – Sections 385 & 386 CrPC – Duty of Appellate Court – Appellant’s criminal appeal before the Punjab & Haryana High Court was disposed of on merits in absence of his counsel – Appellant was in jail and unrepresented; no amicus or State counsel was appointed – Held: Dismissal or disposal of appeal without representation for accused, particularly when he is in custody, violates fair hearing principles – Court must either adjourn the hearing, secure the presence of accused, or appoint counsel at State expense – Order passed without such opportunity unsustainable [Paras 3–5].

Interpretation of Sections 385 and 386 CrPC – Disposal of Appeal on Merits – Under these provisions, appellate court cannot dismiss criminal appeal for non-prosecution simpliciter – It must peruse the record and decide on merits – However, where accused is in jail and counsel is absent, it is advisable to adjourn or appoint amicus curiae to ensure fair hearing – Reiterated principles from Bani Singh v. State of U.P., (1996) 4 SCC 720 and Shyam Deo Pandey v. State of Bihar, (1971) 1 SCC 855 [Paras 5–6].

Remand – Fresh Hearing Directed – Considering appellant’s incarceration and lack of legal assistance, impugned judgment set aside – Matter remanded to High Court to restore appeal and hear afresh after giving opportunity to both sides – High Court directed to dispose of appeal within four months [Paras 6–7].

Decision: Appeal allowed – Judgment of Punjab & Haryana High Court dated 19.08.2008 set aside – Criminal Appeal No. 1440-SB of 2001 restored to file – High Court directed to hear and decide appeal on merits after ensuring representation for accused – No order as to costs [Para 7].

Evidence Act – Sections 35 & 114 – Public Documents – Probative Value – Entries in school registers, voter lists, and official certificates may be admissible under Section 35 but probative value must be assessed based on authenticity and source of information – Inconsistencies in age and birth records leading to absurd results (e.g., mother giving birth before her own birth) render documents unreliable – Admissibility and credibility are distinct concepts – Admissible documents may have no evidentiary weight [Paras 9–14, 16–18].

Proof of Age and Birth – Documentary Evidence – Standard of Proof – Date of birth in school records not conclusive – Must be corroborated by credible evidence such as birth registers or unimpeachable testimony – Burden lies on the party relying on such entries to prove authenticity as per Sections 32(5), 50–61 of the Evidence Act [Paras 15–18].

Live-in Relationship – Presumption of Marriage – Section 114, Evidence Act – Continuous cohabitation between a man and woman as husband and wife over a long period raises a presumption of lawful marriage – Such presumption can be rebutted only by strong, unimpeachable evidence – Law favours presumption of marriage over concubinage [Paras 19–22].

Illegitimacy – Children Born from Long Cohabitation – Children born of a long-standing live-in relationship are presumed legitimate unless contrary proof is established – Findings of fact by consolidation authorities recognizing respondents as legitimate heirs based on long cohabitation affirmed – No perversity found [Paras 6–7, 22–23].

Consolidation Proceedings – Findings of Fact – Limited Judicial Review – Concurrent findings of three consolidation authorities affirmed by High Court – Supreme Court declined to reappreciate evidence in absence of perversity – Reliance on contradictory and improbable documents not sufficient to disturb concurrent findings [Paras 6–8, 23].

Decision: Appeal dismissed – Findings of authorities and High Court upheld – Respondents held legitimate heirs of deceased khatedar – No costs [Para 23].