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2002 Supreme(SC) 224

R.P.SETHI, K.G.BALAKRISHNAN
State Of Punjab – Appellant
Versus
Jugraj Singh – Respondent


JUDGMENT

Sethi, J.-Both the appeals have been filed against the judgment of the High Court of Punjab and Haryana by which the judgment of the trial Court, convicting the respondents, was set aside and they were acquitted of the charge of murder and for offences under the Arms Act. The High Court is alleged to have adopted an erroneous approach in appreciating the facts and the points of law involved in the case. The conclusions arrived at by the High Court are stated to be based on surmises and conjectures rather than on facts and circumstances of the case. The prosecution is stated to have proved the case against the respondents beyond all reasonable doubts. The High Court is shown to have committed a mistake of law by substituting its opinion for the opinion of the medical expert and then discarding the testimony of the two eye-witnesses of the occurrence.

2. The facts of the case reflect the horrifying situation prevalent in the country where the prosecution witnesses and their relations incur the risk of lives and sometimes actually lose their lives of deposing truth in a court of law. Two unfortunate sons of Jagdip Singh, namely, Gurtej Singh aged 22 years and Soudagar Singh age



























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