B.N.KIRPAL, M.K.MUKHERJEE
Jarnail Singh – Appellant
Versus
State Of Punjab – Respondent
Key Points: - The trial court acquitted three accused by giving them the benefit of doubt, not by finding the prosecution's eye-witness evidence to be totally false and unreliable. Therefore, the same evidence could still be used to convict the appellant. (!) - In a criminal case, the burden of proving guilt beyond reasonable doubt always rests on the prosecution. However, once the prosecution has discharged this burden with its own evidence, the court can use defence evidence to lend assurance to its conclusions. (!) - The appellant was convicted under Section 302 IPC for the murder of Sukhdev Singh. As Sukhwinder Singh, who fired the fatal shot, was acquitted, Section 34 IPC did not apply. The appellant's act (causing injuries No. 2 and 3) did not, by itself, cause death, so he could not be convicted under Section 302 IPC but was liable under Section 307 IPC for attempt to murder. (!)
JUDGMENT
M.K. Mukherjee, J.-The appellant along with four others, including his father, brother and nephew, was tried by the learned Additional Sessions Judge, Amritsar for rioting, committing murders and attempting to commit murders. The learned Judge convicted the appellant and his brother Sukhwinder Singh under Section 302 read with Section 34 IPC (on two counts) and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in default, to suffer rigorous imprisonment for one year, while acquitting the other three. In appeal, preferred by the two convicts, the High Court affirmed the conviction and sentence of the appellant but acquitted Sukhwinder Singh. Hence this appeal by the appellant after obtaining special leave.
2. The prosecution case in brief is that on October 27, 1979 at or about 9 A.M. the acquitted accused Sukhwinder Singh was preparing a path to his behak (farm house) by dismantling the water course of Sukhdev Singh (one of the two deceased) and his brothers running through their lands while Gurmej Singh (since acquitted), father of the appellant and Sukhwinder Singh, was standing nearby. This was objected to by Sukhdev Singh, his broth
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