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SANJAY VASHISTH
Surjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Sanjay Vashisth, J.)
Present appeal has been filed by appellant-Surjit Singh, then aged 42 years, against the judgment of conviction and order of sentence dated 12.08.2004, passed by learned Additional Sessions Judge (Adhoc), Amritsar/learned Trial Court, in Sessions Case No.47, dated 27.08.2003/18.09.2003, arising out of FIR No.61, dated 22.09.2002, under Sections 307 /34 IPC, registered at Police Station Khemkaran.
2. Appellant-Surjit Singh was convicted for the commission of offence punishable under Section 307 IPC and was ordered to undergo following sentence:-
Under Section Sentence Fine In Default
307 IPC 7 years R.I. Rs.1,000/- 3 months R.I
Other co-accused, namely, Titar Singh and Sardool Singh were acquitted.
3. Appeal was admitted and recovery of fine was stayed vide order dated 13.09.2004 passed by this Court. Subsequently, sentence of appellant-Surjit Singh was suspended and he was granted bail, vide order dated 05.12.2006. Since there was no representation on behalf of the appellant, Ms.Roja Agnihotri, Advocate, was appointed as Legal Aid Counsel to assist this Court, vide order dated 06.01.2023.
4. Facts arising from the case of the prosecution are that compla
The prosecution failed to establish the identity of the assailant beyond reasonable doubt, leading to the appellant's acquittal.
The appellate court upheld the convictions under IPC, emphasizing that immediate witness accounts validated the prosecution's case and moderated sentences considering time already served.
Attempt to murder – Intention to kill must be apparent from act of accused.
The main legal point established in the judgment is the reliance on evidence, including witness testimonies and FSL reports, to establish the guilt of the accused and the consideration of previous ju....
The court established that the prosecution must prove charges beyond reasonable doubt, affirming convictions under lesser charges while acquitting on more severe charges due to insufficient evidence.
The distinction between intention and motive is crucial in determining the nature of the offence, and the duty to separate evidence for each accused is essential in criminal cases.
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....
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