Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Suresh Kumar – Respondent
| Table of Content |
|---|
| 1. state appeals trial court acquittal in assault case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on evidence appreciation by trial court (Para 6 , 7) |
| 3. limited appellate interference with acquittal orders (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. charges; prosecution rests on key witnesses (Para 15 , 16) |
| 5. injured, wife depose accused attack, shooting (Para 17 , 18) |
| 6. medical evidence allows non-firearm injury possibility (Para 19 , 20) |
| 7. evidentiary gaps; suspicion not proof (Para 21 , 22 , 23 , 24 , 25) |
| 8. appeal dismissed; acquittal upheld (Para 26) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal has been preferred by the appellant-State under Section 378 (3) of the Code of Criminal Procedure (Cr.P.C.) against the judgment of acquittal, dated 15.03.2014, passed by learned Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 59-ST/7 of 2013 2012, whereby the accused persons (respondents herein) were acquitted of the charge for commission of the offences punishable under Sections 307, 323, 452 read with Section 34 of the Indian Penal Code (for short ‘IPC’) and Section 25 of the Arms Act.
2. Briefly stated the facts of the case, giving rise to instant app
In appeals against acquittal, appellate courts interfere only if trial court findings perverse or sole possible view convicts; here prosecution failed due to medical inconsistencies, unproved firearm....
The acquittal of accused in a murder case was upheld as the prosecution failed to prove guilt beyond reasonable doubt, highlighting the importance of credible evidence in criminal proceedings.
The prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.
The prosecution must prove guilt beyond reasonable doubt in murder cases, especially when relying on circumstantial evidence, and the presumption of innocence remains strong in acquittals.
The appellate court upheld the acquittal of the accused due to inconsistencies in witness testimonies and lack of credible evidence, emphasizing the presumption of innocence.
Order of acquittal - Confirmed - Scope of section 378 Cr.P.C. and interference by High Court in an appeal has been considered makes it clear that order of acquittal in this case is not one which coul....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
