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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of H.P. – Appellant
Versus
Gurmel Singh – Respondent
JUDGMENT :
ROMESH VERMA, J.
The present appeal arises out of the judgment of acquittal as passed by the learned Additional Sessions Judge(1), Kangra at Dharamshala, H.P, dated 29.06.2013 in a police challan filed under Section 302/34 of Indian Penal Code (for short, IPC), in case FIR No. 109 of 2011 dated 4.4.2011, registered at Police Station, Indora, District Kangra, H.P., whereby the present respondent has been acquitted of the aforesaid charges.
2. The story of the prosecution, as projected, is that on 4th April 2011 at 12.40 p.m. in the afternoon, the President of Gram Panchayat, Paral, made a telephonic call at Chowki Thakur Dwara that Vijay Kumar, son of Shri Ajit Singh, was beaten up by Gurmel Singh and Subhash Chand (accused/respondent herein) and on account of this Vijay Kumar (Victim) was taken to Government Hospital Hazipur. On the said information, ASI/IO Ashwani Kumar made a telephonic call to doctor Sukhdev M.D , CHC on his telephone number and inquired about the health of Vijay Kumar. The doctor informed the I.O. that the victim is unconscious. Thereafter, ASI Ashwani Kumar along with Rajiv Kumar went to the spot at Village Paral and statement of father of Sh. Vijay Ku
In appeals against acquittal, courts must find overwhelming evidence of guilt; mere suspicion is insufficient for conviction.
Appellate interference in acquittal justified only if perverse or sole guilt view possible; contradictions in key testimonies, FIR delay, recovery doubts sustain acquittal.
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....
Point if Law: Merely because appellate court on re-appreciation and re-evaluation of the evidence is inclined to take a different view, interference with judgment of acquittal is not justified if vie....
Appeal against acquittal under NDPS Act dismissed; trial court's view upheld as not perverse due to witness contradictions, procedural lapses like unrecorded prior information, no independent witness....
An appellate court may reappraise evidence in acquittal appeals but maintains double presumption of innocence, requiring clear support for findings before altering trial court decisions.
Appellate courts should not interfere with acquittal if trial court's view is reasonably possible, reinforced by double presumption of innocence; reversal only if perverse or compelling circumstances....
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