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GURVINDER SINGH GILL, N. S. SHEKHAWAT
Ranbir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. N.S. Shekhawat, J.
The appellants have preferred the present appeal against the impugned judgment of conviction dated 14.07.2003 and order of sentence dated 16.07.2023 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Sonepat, whereby the appellants have been convicted and sentenced as under:-
| Convict(s) Name | Offence | Sentence |
| Ranbir Singh and Joginder Singh @ Chela | Section 302/34 IPC | To undergo imprisonment for life with fine of Rs.5000/- each and in default of payment of fine, to undergo rigorous imprisonment for three months each. |
| Joginder @ Chela | Section 25 of the Arms Act | To undergo rigorous imprisonment for a period of one year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. |
2. As per the case of the prosecution, the FIR Ex.PA/1 was registered in the present case on the basis of the statement Ex.PA, which was made by Ved Prakash son of Pokar Dass and the same reads as under:-
Circumstantial evidence – Principle applicable to circumstantial evidence requires that facts must be consistent with hypothesis of guilt of accused.
Direct eyewitness testimony sufficient for murder conviction under Section 302 IPC despite no motive; absence of motive not fatal if evidence reliable and conclusive.
Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
In criminal cases based on circumstantial evidence, a complete and unbroken chain of evidence is necessary to satisfy the standard of proof beyond a reasonable doubt for a conviction.
In a criminal trial based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes every reasonable hypothesis of innocence. Suspicion c....
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
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