Back
HARPREET SINGH BRAR
Swinder Singh @ Ninder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
[1] The above-said two appeals have been preferred against the judgment of conviction and order of sentence dated 11.10.2013 passed by the Ld. Addl. Sessions Judge, Tarn Taran, whereby the appellants were convicted under Section 460 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs.20,000/- each. In default of payment of fine, the appellants were ordered to undergo further rigorous imprisonment for a period of one year each. These appeals are being disposed of by this common judgment as they have arisen out of the same judgment.
[2] Criminal Appeal No.S-1063-SB-2014 was admitted by this Court on 11.03.2014 and Criminal Appeal No.S-333-SB-2014 was admitted by this Court on 07.05.2014 respectively. Recovery of fine was ordered to remain stayed during the pendency of the appeals. A perusal of the orders suspending the sentence of the appellants during pendency of the present appeal indicates that each of the appellants has undergone more than 04 years of incarceration.
FACTUAL BACKGROUND
[3] The brief facts of the prosecution case are that during the intervening night of 17/18th Janua
A conviction under Section 394 IPC requires evidence of guilt beyond reasonable doubt, which is compromised by significant procedural lapses and inconsistencies in witness statements.
The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the court's reliance on the lack of corroborating evidence, cont....
The delay in lodging the FIR, non-reliance on CCTV footage, and minor contradictions in witness statements were not considered sufficient to reject the prosecution's case. The involvement of the appe....
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
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
