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SUDHIR SINGH, KARAMJIT SINGH
State of Hayana – Appellant
Versus
Karam Chand – Respondent
JUDGMENT
Mr. Karamjit Singh, J.
This leave to appeal is directed against judgment dated 19.05.2017 rendered by the Court of Additional Sessions Judge, Sirsa vide which, it acquitted the accused (now respondents), in a criminal case having FIR No.495 dated 23.05.2014 under Sections 307, 323, 341 IPC, Police Station City Sirsa.
2. The facts of prosecution case, in brief, are that complainant Banwari Lal was a tractor driver and on 17.05.2014, his employer (a tractor owner) called him to his house and the complainant was coming back to his house after meeting his employer and on the way at about 11:30 PM, he was intercepted by Bablu @ Suraj, who slapped the complainant upon which the complainant shouted and then Baljit, younger brother of Bablu @ Suraj, also came there and then both the brothers forcibly took the complainant to their house. Karam Chand father of Bablu @ Suraj and Baljit Singh was present in the house and then all three of them started beating the complainant. In the meantime, Ramesh son of Uday Pal and Billu son of unknown also reached there and they also started thrashing the complainant. One of the accused pushed the complainant as a result of which, head of the comp
The court upheld the acquittal of the accused due to unexplained delay in FIR lodging and lack of corroborative evidence, emphasizing the presumption of innocence.
Appellate interference with acquittal justified only if perverse, ignores material evidence, or no reasonable innocence view possible; here upheld due to contradictions, delay, defence credibility.
Appellate court should not interfere with reasonable acquittal view despite alternate possibility, factoring FIR delay, night identification doubts, intoxication-enabled fall injuries, strained relat....
Prosecution must prove guilt beyond a reasonable doubt; contradictions in witness testimony and unexplained delays undermine prosecution's case, supporting acquittal.
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