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SURESHWAR THAKUR, SUDEEPTI SHARMA
Mangal Singh @ Manga – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 11.10.2003, upon sessions case bearing number S.C. No.403/2003/FTC, by the learned Additional Sessions Judge, (Ad), Amritsar, where through in respect of charges drawn against the accused qua offences punishable under Sections 302, 323, 34 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellants-convicts. However, the other co-accused namely Bikkar Singh and Gurmit Kaur were acquitted from the charges drawn against them. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced both the appellants-convicts in the hereinafter extracted manner.
2. All
The right to self-defense is limited by the necessity of proportionality and cannot be claimed when the defender has superior numbers and uses lethal force.
Conviction based on eyewitness testimony was quashed due to significant investigative failures, including lack of weapon recovery and forensic analysis, undermining the prosecution's case.
The central legal point established in the judgment is the validity of the accused's exercise of the right of private defence.
The court affirmed that the appellants exceeded their right of private defence due to their superior strength and armed status, justifying the conviction.
The main legal point established in the judgment is the requirement for conclusive and creditworthy evidence to support the charges against the accused, especially in cases involving eyewitness testi....
The establishment of mens rea through eyewitness accounts confirms collective criminal liability among participants in a murder, as vicarious responsibility persists even with varying roles in the ac....
The central legal point established in the judgment is the reliance on credible evidence, including ocular witness testimony, medical evidence, and corroborative disclosure statements and recoveries,....
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