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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjeev Kumar, Puneet Gupta
State of Jammu and Kashmir through S.H.O Police Station – Appellant
Versus
Bid Lal S/o Ram Lal – Respondent
| Table of Content |
|---|
| 1. the court examines the appeal against acquittal citing evidence insufficiency. (Para 1 , 6 , 28) |
| 2. prosecution must prove the guilt beyond reasonable doubt. (Para 26 , 27) |
| 3. credibility of witnesses questioned leads to doubts about evidence. (Para 30 , 31 , 32 , 34) |
| 4. upholding trial court’s acquittal due to reasonable doubt. (Para 36) |
| 5. final ruling confirms dismissal of the appeal. (Para 37) |
JUDGMENT :
Puneet Gupta, J.
1. The appeal has been preferred against the judgment dated 15.10.2012 passed by the court of learned Principal Sessions Judge, Kishtwar, whereby the respondents-accused were acquitted of offence under Section 302 /34 RPC . It is submitted in the appeal that the trial court has passed the judgment against law and facts and has not appreciated the evidence that was produced by the prosecution. The trial court has ignored the important pieces of evidence while passing the judgment.
2. The respondents have appeared through counsel and contested the appeal.
3. The scanned record of the trial court is also before the court.
4. The respondents are referred to as accused in the appeal for the purposes of discussion.
5. The complainant PW-Des Raj lodged a verba
Acquittal upheld due to insufficient evidence and procedural irregularities affecting credibility.
: Every omission in statement recorded before Police or before Magistrate under Section 164-A Cr.P.C., but revealed in witness box cannot be by itself a reason to discredit statement of witnesses if ....
The court established that a conviction cannot stand if the prosecution fails to prove guilt beyond a reasonable doubt, especially when witness testimonies suffer from serious inconsistencies.
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in witness testimonies and investigative delays can undermine its credibility.
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
Prosecution has failed to prove charges levelled against accused persons under Sections 302/34, 201 IPC and Section 25 of Arms Act by any reliable, cogent and independent evidence to hilt beyond reas....
The prosecution's case failed due to significant contradictions in witness testimonies and procedural lapses, leading to reasonable doubt, thus necessitating acquittal.
Point of Law : A wife, who has seen an assailant giving fatal blows with a stick to her husband, would name the assailant to all present and to the police at an earliest opportunity.
The prosecution must prove the accused's guilt beyond reasonable doubt; contradictions in witness testimonies and procedural delays can undermine the case.
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