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PAMIDIGHANTAM SRI NARASIMHA, R. MAHADEVAN
Gurdeep Singh – Appellant
Versus
State of Punjab – Respondent
What is the scope and proper application of Section 319 Cr.P.C. to summon an additional accused based on trial-stage evidence? What are the established legal principles for proving criminal conspiracy under Section 120B IPC, and can such conspiracy be inferred from circumstantial evidence or the conduct of the accused? What standards govern reliance on hostile witnesses and the sufficiency of single-witness testimony to sustain convictions for conspiracy or related offences?
JUDGMENT
R. MAHADEVAN, J.
1. This criminal appeal is directed against the judgment and order dated 04.05.2023 passed by the High Court of Punjab and Haryana at Chandigarh [Hereinafter referred to as “the High Court”] in CRA-S-4900-SB-2014, whereby the High Court upheld the judgment of conviction and sentence dated 31.10.2014 rendered by the Additional Sessions Judge, Fast Track Court, Bathinda [For short, “the Sessions Court”], in S.C. No. 55 of 10.09.2011, against the appellant / accused. The particulars of the conviction and sentence are as under:
Offence for which convicted | Sentence awarded |
Section 307 r/w Section 120B IPC | Rigorous Imprisonment for three years and a fine of Rs.2,000/-, in default to undergo further RI for two months |
Section 225 r/w Section 120B IPC | Rigorous Imprisonment for one year and a fine of Rs.500/-, in default to undergo further RI for two weeks |
Section 186 r/w Section 120B IPC | Rigorous Imprisonment for two months and a fine of Rs.200/-, in default to undergo further RI for one week |
Section 332 r/w Section 120B IPC | Rigorous Imprisonment for two years and a fine of Rs.1,500/-, in default to undergo further RI for one and half months |
Section 353 r/w Section 120B IPC | Rigo |
(1) Criminal conspiracy – Offence of criminal conspiracy under Section 120B IPC, by its very nature, is seldom capable of being proved by direct evidence – Being a clandestine agreement between two o....
(1) To prove charge of conspiracy, within ambit of Section 120-B, IPC, it is necessary to establish that there was agreement between parties for doing an unlawful act.(2) Alleged confessional stateme....
The court established that a sole confessional statement from a co-accused cannot be the basis for a conviction without corroborating evidence; the absence of eyewitnesses and substantial proof resul....
Murder conviction upheld on eye-witness testimony of coordinated sharp weapon and firearm assault, corroborated by medical/ballistic evidence and circumstances; weapon recovery under Evidence Act Sec....
The court affirmed the conviction for murder, emphasizing the consistency of eyewitness accounts as reliable evidence supporting the charges under Sections 302 and 9(b) of the Indian Penal Code.
(1) Murder and wrongful confinement – In every criminal trial, minor variations in detail are bound to occur – Discrepancies which do not go to root of prosecution case cannot obliterate otherwise tr....
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
The court ruled that eyewitness evidence, despite familial bias, may be credible; thus, a conviction under Section 304(i) IPC was appropriate, reflecting mitigating circumstances and reevaluating the....
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