Back
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Gurpreet Singh @ Goldy - Appellant
Versus
State Of Punjab - Respondent
Criminal Appeal (S) No. 2902 of 2018, 3276 of 2018, 2828 of 2018
Decided On : 19-11-2019
IPC - Conviction under Sections 307, 353 read with Section 34 of IPC - Arms Act - Section 25 - [IPC, Section 307, Section 353, Section 34, Arms Act, Section 25] - The judgment disposed of appeals arising from a common judgment convicting the appellants under Sections 307, 353 read with Section 34 of IPC. Jagjiwan Singh was also convicted under Section 25 of the Arms Act. The court critically analyzed the evidence and found that the prosecution failed to establish the involvement of the appellants beyond a reasonable doubt. The court highlighted contradictions in the evidence, lack of independent witnesses, and failure to prove the recovery of arms. As a result, the appellants were acquitted due to the benefit of doubt.
Fact of the Case:
In the case, the police received secret information about individuals with illegal weapons planning criminal activities. A car associated with the suspects attempted to evade the police, resulting in a confrontation where the police fired at the car. The prosecution alleged involvement of the appellants in the incident.
Finding of the Court:
The court found that the prosecution failed to establish the involvement of the appellants beyond a reasonable doubt. It highlighted contradictions in the evidence, lack of independent witnesses, and failure to prove the recovery of arms. As a result, the appellants were acquitted due to the benefit of doubt.
Issues: The key issues revolved around the sufficiency of evidence to prove the appellants' involvement in the alleged criminal activities, the credibility of witness testimony, and the reliability of the recovery of arms.
Ratio Decidendi: The court emphasized the principle of 'proof beyond a reasonable doubt' and the importance of critically analyzing evidence. It highlighted the need for independent witnesses and the failure to establish crucial elements of the prosecution's case.
Final Decision: The court acquitted the appellants due to the benefit of doubt, as the prosecution failed to establish their involvement in the alleged criminal activities.
JUDGMENT
Anil Kshetarpal, J. - This judgment shall dispose of appeals bearing CRA-S-2902- SB-2018, CRA-S-3276-SB-2018 and CRA-S-2828-SB-2018 arising from a common judgment passed by the Court of Sessions in Sessions Case No.8 of 12.05.2011/12.05.2017 decided on 08.05.2018 convicting the appellantsGurpreet Singh @ Goldy, Jagjiwan Singh @ Jiwan and Sandeep Singh @ Sonu under Sections 307, 353 read with Section 34 of IPC. Jagjiwan Singh was also convicted under Section 25 of the Arms Act. The sentenced awarded by the learned Court of Sessions is extracted as under:-
| Convicts Tejinder Chander Sheikhar and Jagjiwan Singh are sentenced as under: | |
| Under Section 307/34 of IPC | Rigorous imprisonment for five years and fine of Rs. 5000/- in default of fine to further undergo rigorous imprisonment for one month. |
| Under Section 353/34 of IPC | Rigorous imprisonment for one year and fine of Rs. 1000/- in default of fine to further undergo rigorous imprisonment for 15 days. |
| Under Section 25 of Arms Act | Rigorous imprisonment for one year and fine of Rs. 2000/- in default of fine to further undergo rigorous imprisonment for 15 days. |
|
| |
| Convicts Gurpreet Singh and Sandeep Singh @ Sonu are sentenced as under: | |
| Under Section 307/34 of IPC | Rigorous imprisonment for five years and fine of Rs. 5000/-, in default of fine to further undergo rigorous imprisonment for one month. |
| Under Section 353/34 of IPC | Rigorous imprisonment for one year and fine of Rs. 1000/-, in default of fine to further undergo rigorous imprisonment for 15 days. |
FACTS OF THE CASE:-
2. In nutshell, the facts of the case as noticed by the learned Court of Sessions, correctness whereof is not disputed are extracted as under:-
"2. The brief facts of the case of the prosecution are that on 11.8.2010 Inspector Sukhwinder Singh, In-charge CIA, Hoshiarpur along with other police officials was present in the area of Garhdiwala on government vehicle Trax No.PB12-G-7539 which was driven by PRHC Gurdial Singh in connection with patrolling. Then he received secret information that Sheikhar son of Master Jai Pal, resident of Garhdiwala, against whom many cases of dacoity and snatching are registered and who has made a group with boys of bad character and they have illegal weapons with them. His full name is Chander Sheikhar. He along with his friend Sonu resident of Kapoor Pind, Jalandhar along with 3-4 unknown persons are roaming in the nearby villages on a white colour Verna Car. The companions of Sheikhar had committed murder of under-trial Boby in the court complex, Ambala by using the same car Chander Sheikhar and his companions were intending to commit some incident in the area. Inspector Sukhwinder Singh gave the information to SHO Balkar Singh and asked him to lay check post on the electricity house road and other police parties be constituted to trace said Verna Car. He himself went towards village Bahtiwal Kalra. The SHO laid check post at the turn on the road leading from Bahtiwal to Kalra. Inspector Sukhwinder Singh laid check post on the turn towards village Kalra on Garhdiwala side. Then at about 12.30/12.45 P.M a white colour car came from Village Bahtiwal side at a very high speed. The police party gave indication to stop the car then the driver of the car tried to run over the police official HC Ramesh Pal, HC Ravinder and PRHC Vikram Singh with intention to kill them but they saved themselves. Five persons were sitting in the car. They turned the car towards village Keshopur. Inspector Sukhwinder Singh along with other police party followed the car. In the meanwhile police party headed by SHO also came there. They contacted with each other and followed the car of the accused. The SHO told SI Sukhwinder Singh that this was the same suspicious car and Chander Sheikhar was driving the same and the person sitting
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
