Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1388

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA, JJ.
State of H.P. - Appellant
Versus
Gurmel Singh & Ors. – Respondents
Cr. Appeal No. 222 of 2014
Decided On : 28-10-2025

Advocates Appeared:
For the Appellant :Mr. I.N. Mehta, Senior Additional Advocate General
For the Respondents:Ms. Sheetal Vyas, Advocate.

In appeals against acquittal, courts must find overwhelming evidence of guilt; mere suspicion is insufficient for conviction.

Headnote:(A) Indian Penal Code - Section 302/34 - Appeal against acquittal - Appellant challenged the judgment of acquittal of Gurmel Singh and Subhash Chand, who were accused of the murder of Vijay Kumar. The acquittal was based on the prosecution's failure to establish guilt beyond reasonable doubt, highlighted by contradictions in eyewitness accounts and the impact of alcohol on the deceased's ability to communicate. (Paras 43, 66)

(B) Jurisprudence of acquittal - The scope of interference in appeals against acquittal is limited; interference is warranted only if the finding is perverse or no reasonable view can justify acquittal. (Paras 41, 65)

Facts of the case:
Vijay Kumar was allegedly assaulted by the accused after a dispute over a loan, subsequently leading to his death. The trial court acquitted the accused, citing inconsistencies in witness testimonies and the deceased's alcohol intoxication preventing valid statements. (Paras 2, 66)

Findings of Court:
The prosecution failed to present evidence meeting the burden of proof, leaving reasonable doubt regarding the accused's guilt. (Paras 66)

Issues: The key issues included the reliability of witness statements, the impact of intoxication on the ability to report the assault, and whether the evidence was sufficient to overturn an acquittal. (Paras 44, 65)

Ratio Decidendi: The Court ruled that the trial court's findings were not based on any errors warranting interference; the prosecution's evidence lacked the weight needed for a conviction. (Paras 60, 66)

Result: Appeal dismissed.

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 Kumar under Section 154 of the Code of Criminal Procedure was recorded. Father of victim made a statement that he is a permanent resident of said area and he is an agriculturist by profession and his son Sh. Vijay Kumar on 03.11.2011 at about 6.30 p.m. in the evening went to the house of Sh. Malquiat Singh for having dinner and to attend jagrata. His son told him that he will come back soon. However, when his son did not return till 3:00.a.m in the morning, he went towards the house of Malquiat Singh. After some distance, he heard noise of beatings by certain persons. Immediately when he reached the spot, he saw that his son was being beaten up in order to end his life. When he raised hue and cry, then the persons, who gave beatings, ran away from the spot. However, he identified Gurmel Singh @ Gelu and Sh. Subhash Chand resident of Paral. He stated that the aforesaid two persons in order to kill his son gave beatings and he suffered injuries on his head. Thereafter his family members informed the police and Vijay Kumar was taken to hospital at Hazipur. Immediately, after some time, Sh. Vijay Kumar died due to injuries and postmortem was conducted at Government Hospital Nurpur. Thereafter, Section 307 of the Indian Penal Code was deleted and Section 302 of IPC was inserted in the FIR. The spot map was prepared and the spot was got photographed. On the spot, the clothes of Sh. Vijay Kumar, which were worn by him were taken into possession and seizure memo, to this effect was prepared. After the incident, the accused Gurmel Singh @ Gelu and Subhash Chand fled away from the scene of occurrence and subsequently they were arrested by the Investigating Officer. It was stated that the accused persons told that about 4-5 months back they had lend Rs.1,000/-to Vijay Kumar, out of which Rs.700/- was given by Subhash Chand and Rs.300/- was given by Gurmel Singh to him. Despite asking for the said amount Vijay Kumar did not repay the said amount.

3. During the investigation, it was found that the accused on 03.4.2011 in the afternoon were sitting beside a rivulet and they had consumed liquor. They were having some left out liquor and in the evening both the accused persons consumed the same. On the date of occurrence in the night at about 01.30 to 2.00 a.m., the accused persons went towards the house of Malquiat Singh because there was jagrata in his house. Gurmel Singh and Subhash Chand took the deceased Vijay Kumar out of the house. They started hurling abuses upon him.

4. It has also come in the investigation that when Vijay Kumar refused to repay the amount of Rs.1000/- to the accused persons, then at a distance of 50 to 60 meters, the head of Vijay Kumar was banged on the bricks of path. As a result of which his clothes and vest were torn. Due to beatings given