Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ajay Tewari, Alka Sarin, JJ.
Rajesh @ Raja & Ors. - Appellants
Versus
State Of Haryana - Respondent
Criminal Appeal (D) No. 285 of 2015
Decided On : 29-11-2019
Delay in lodging FIR - Non-reliance on CCTV footage - Involvement of appellants in murder established beyond reasonable doubt
Fact of the Case:
The appellants challenged the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Kurukshetra, where they were convicted and sentenced for various offenses including murder, attempted murder, and conspiracy under the Indian Penal Code and Arms Act. The prosecution's case was based on an incident where the appellants were accused of firing at the deceased and others in a public place, resulting in the death of the deceased.
Finding of the Court:
The Court found that the delay in lodging the FIR was not fatal to the prosecution's case, as it was reasonable given the circumstances of the incident. The testimonies of the eye-witnesses and other evidence presented by the prosecution were deemed credible and reliable, establishing the involvement of the appellants in the murder beyond reasonable doubt. The Court also rejected the defense's arguments regarding non-reliance on CCTV footage and non-examination of independent witnesses.
Issues: Delay in lodging FIR, non-reliance on CCTV footage, non-examination of independent witnesses, contradictions in witness statements
Ratio Decidendi: The delay in lodging the FIR, non-reliance on CCTV footage, and non-examination of independent witnesses were not considered fatal to the prosecution's case. Minor contradictions in witness statements were not sufficient to reject otherwise trustworthy and credible testimonies.
Final Decision: The appeal was dismissed, and the appellants were directed to be taken into custody to serve out the remaining period of their respective sentences.
JUDGMENT/ORDER
Alka Sarin, J. - The present appeal has been filed by seven accused-appellants challenging the judgment of conviction and order of sentence dated 20.01.2015 passed by the Additional Sessions Judge, Kurukshetra, vide which the appellants have been convicted and sentenced as under:-
"1. Rajesh alias Raja | |
Under Section 148 of Indian Penal Code, 1860 | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of find, he shall further undergo simple imprisonment for a period of fifteen days |
Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
2. Vijay Kumar | |
Under Section 148 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of fifteen days. |
Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
3. Naresh Kumar | |
Under Section 148 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of fifteen days. |
Under Section 302 read with section 149 of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.40,000/- (forty thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of six months. |
Under Section 307 read with section 149 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of five years and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
Under Section 120-B of Indian Penal Code, 1860. | To undergo life imprisonment and to pay a fine of Rs.10,000/- (ten thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of two months. |
Under Section 25 of Arms Act, 1959. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.3,000/- (three thousands). In default of payment of fine, he shall further undergo simple imprisonment for the period of one month. |
4. Ashok Kumar alias Shoki | |
Under Section 148 of Indian Penal Code, 1860. | To undergo rigorous imprisonment for the period of two years and to pay a fine of Rs.1,000/- (one thousand). In default of payment of fine, he shall further undergo simple imprisonment for a period of fifteen days. |
Under Section 302 read with section 149 of Indian Penal Code, 1860 | |
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
