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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Baljinder Kumar @ Kala – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. case facts, investigation, motive described (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. trial court reasoning and death sentence (Para 9 , 10 , 11 , 12) |
| 3. high court upholds conviction, rarest of rare (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. defence and state submissions before apex court (Para 21 , 22 , 23 , 24) |
| 5. supreme court finds contradictions in eyewitness testimonies (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. investigation lapses; prosecution fails beyond doubt (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 7. ratio: guilt not proven; benefit of doubt (Para 43) |
| 8. appeal allowed; appellant acquitted (Para 44 , 45) |
JUDGMENT
1. One can fairly imagine the amplitude of havoc that would wreak loose in a quiet village which on one fine morning wakes up to the news of four members of a family dead, including two lives yet to even reach the incipient age of five years, and with two other family members grievously injured. To add to the horror, the primary suspect in the entire incident is the father of the deceased children. At least, that is what the alleged eyewitnesses’ account points towards. It is but natural that the case garners enough sensation i
Conviction for murder cannot rest on contradictory eyewitnesses and uncorroborated recoveries; without reliable foundational facts, Section 106 Evidence Act cannot shift burden to accused, and death ....
The court upheld convictions for murder against the appellants, affirming that eyewitness testimony, supported by corroborative evidence, was reliable, and distinctions made in witnesses did not affe....
The prosecution failed to prove the charges of murder and unlawful assembly beyond reasonable doubt due to unreliable witness testimonies and lack of corroborative evidence.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
Point of Law : When there are eyewitnesses to prove the charge, failure on the part of the prosecution to establish every link in the chain of circumstance would become irrelevant.
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