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RAJNESH OSWAL, MOKSHA KHAJURIA KAZMI
State of J&K – Appellant
Versus
Surinder Kumar – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. This appeal has been preferred against the judgment dated 23.04.2019 delivered by the court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as ‘the trial court’) whereby the respondent has been acquitted of the charge for commission of offences under Sections 302/341 RPC in FIR No. 56/2015 of Police Station, Majalta.
2. The judgment has been impugned by the appellant on the ground that the trial court has not appreciated the evidence rightly and despite the fact that the prosecution had established the case against the respondent by adducing the documentary as well as oral evidence, the learned trial court acquitted the respondent erroneously.
3. Mr. Dewakar Sharma, learned Dy. AG has vehemently argued that the wife and the brother of the deceased have deposed in a clear and cogent manner with regard to commission of offence by the respondent but despite that, the learned trial court has acquitted the respondent.
4. Mr. Sandeep Gupta, learned counsel for the respondent has submitted that the independent witnesses examined by the prosecution have not supported its case. The statement of the wife and the brother of the deceased hav
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....
: In an appeal against acquittal, interference is warranted only when there is perversity in judgment – Presumption of innocence gets strengthened by acquittal.
principles relating to interference by the High Court in appeals against acquittal are well settled. While the High Court can review the entire evidence and reach its own conclusions, it will not int....
The principle that mere absconding does not imply guilt unless supported by corroborative evidence was emphasized, reinforcing the standard of proof required in criminal cases.
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 main legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt, the presumption of innocence in favor of the accused, and the importance of circumstantial ....
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....
: No reliance can be placed upon dying declaration which is doubtful in nature.
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