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by Admin
06 December 2025 4:23 AM
On 11 August 2025, the Supreme Court of India in Gurdeep Singh v. State of Punjab (Criminal Appeal No. 705 of 2024) delivered a stinging rebuke to a senior jail officer who tried to hide behind a prior police exoneration. The Bench of Justices Pamidighantam Sri Narasimha and R. Mahadevan upheld concurrent convictions for attempt to murder, assault on public servants, conspiracy, and other offences, after finding that the appellant — an Assistant Superintendent of Central Jail — played a “key and deliberate role” in a planned attempt to free an undertrial prisoner during police escort.
“This was not dereliction of duty — it was a betrayal of it,” the Court said, ordering immediate custody to serve the remaining sentence.
The Qualis, the Chilli Powder, and the Knife
On 30 November 2010, Head Constables Harjit Singh (PW-2) and Hardial Singh (PW-1) were escorting undertrial Kuldeep Singh from Ludhiana to Talwandi Sabo. Gurdeep Singh, though not part of the escort detail, joined them. After the court hearing, he persuaded them to abandon the bus and instead take a Tata Qualis “known to him.”
Two strangers were already in the rear seat. Near village Kutiwal, on Gurdeep Singh’s request to stop for a “nature call,” the strangers attacked — red chilli powder in the eyes, knife and kirpan blows to the officers, and an attempt to free Kuldeep Singh. The undertrial failed to escape only because he was chained to the escort’s belt. Gurdeep Singh fled, uninjured.
Section 319 Cr.P.C.: “Police Opinion is Tentative — Courts Are Not Bound”
Rejecting the defence that the appellant had been “declared innocent” in a preliminary enquiry, the Bench invoked Hardeep Singh v. State of Punjab:
“A person not named in the FIR or chargesheet can be summoned… provided from the evidence it appears that such person can be tried along with the accused already facing trial. Prior police opinion is merely tentative and cannot override the Court’s independent judicial assessment.”
The Court said that the “consistent, direct, and incriminating” testimony of injured escort PW-2 justified summoning the appellant mid-trial.
Conspiracy Without Overt Act: ‘Agreement is the Crime’
Quoting from Navjot Sandhu and Ajay Aggarwal, the Court reminded that conspiracies are “seldom open affairs” and:
“The gist of the offence is an agreement to break the law… every conspirator need not commit an overt act. The agreement itself constitutes the offence.”
The chain of circumstances — private vehicle selection, presence of assailants, stop at isolated spot, passive conduct during attack, and disappearance — was “an unbroken narrative of complicity.”
Hostile Witnesses? Use the Truth They Speak
PW-1 and the vehicle driver PW-10 turned partly hostile. But the Court, citing Paulmeli and Rajesh Yadav, reaffirmed:
“The evidence of a hostile witness is not effaced… the relevant parts which are admissible in law can be used.”
Single Eyewitness Conviction: ‘Quality Over Quantity’
Relying on Vadivelu Thevar and Kuna, the Bench upheld conviction based solely on PW-2:
“Section 134 of the Evidence Act permits conviction on the testimony of a single reliable witness… PW-2’s status as an injured witness enhances his credibility.”
Section 307 IPC: Intent and Weapons Matter, Not Injury Degree
The Court dismissed the argument that “simple injuries” negate attempt to murder:
“Nature of injuries is not decisive; intent and means employed are determinative. The use of deadly weapons and incapacitating agents like chilli powder demonstrates premeditated intent to kill.”
Judicial Condemnation: ‘Betrayal of Institutional Trust’
In an unusually strong censure, the Court remarked:
“As a public servant entrusted with safeguarding the rule of law… he did not merely default in his duties – he actively undermined the justice system.”
Finding “no mitigating factor,” the Court ordered Gurdeep Singh’s immediate custody and upheld concurrent sentences.
Date of Decision: 11 August 2025
