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PANKAJ MITHAL, RAJNESH OSWAL
State of J&K – Appellant
Versus
Suram Chand – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. This appeal arises out of the judgment dated 30.10.2010 passed by the learned Sessions Judge, Reasi (hereinafter to be referred as the trial court) in file No. 46/Session, titled, “State vs. Suran Chand and others” for commission of offences under Sections 302, 342 and 34 RPC in FIR No. 43/2008 of Police Station, Mahore, by virtue of which the respondents have been acquitted of the charges for commission of the aforesaid offences.
2. The appeal has been filed only on the ground that the learned trial court has not appreciated the evidence led by the prosecution in its right perspective and acquitted the respondents, particularly when the prosecution had successfully proved the case against the respondents.
3. Mr. R. S. Jamwal, learned AAG vehemently argued that there was abundant evidence on record that warranted the conviction of the respondents but the learned trial court has wrongly acquitted the respondents.
4. Heard and perused the record.
5. The prosecution story as it emerges from the charge sheet is that on 17.05.2008, a written complaint was filed before the Police Post, Arnas by Sher Singh S/o Balwant Singh stating therein that on 16.05.2008
: In an appeal against acquittal, interference is warranted only when there is perversity in judgment – Presumption of innocence gets strengthened by acquittal.
In an appeal against acquittal, the trial court's decision must be both possible and plausible in view of the evidence presented by the parties.
The judgment emphasizes the fundamental legal principle of proof beyond reasonable doubt in criminal cases, highlighting the prosecution's burden to establish the accused's guilt based on credible an....
The main legal point established in the judgment is the admissibility of the accused's inculpatory statement to the police under Sec. 8 of the Indian Evidence Act.
The court upheld the conviction of one appellant for murder based on credible eyewitness testimony and medical evidence, while acquitting the other due to insufficient evidence linking him to the cri....
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