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SURESHWAR THAKUR, KULDEEP TIWARI
Jagir Singh @ Johny – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J
The instant appeal has been preferred against the judgment of conviction dated 8.9.2016 and the order of sentence of even date passed by the learned Additional Sessions Judge/Exclusive Court, Amritsar whereby, the appellant has been convicted for committing an offence punishable under Section 302 IPC, and has been sentenced to undergo rigorous imprisonment for life. Moreover, he has been sentenced to pay a fine amount comprised in a sum of Rs.10,000/-, and, in default whereof he has been sentenced to undergo rigorous imprisonment for a period of 6 months.
Factual Matrix
2. The prosecution story as unfolded from a statement which was recorded by Ashwani Kumar, who was lateron examined as PW1, at Police Station Chheherata, Amritsar. The statement which unfolded the prosecution version reads as under:-
In cases of unnatural death in matrimonial homes, the husband bears the burden of proof to explain the circumstances, and conviction can be based on credible eyewitness testimony.
The reliability of a child witness's evidence, the need for corroboration, and the significance of medical evidence in establishing guilt in a murder case.
The court upheld the conviction for murder, emphasizing that fear-induced delays in FIR registration and eyewitness testimony were credible despite long lapses in time.
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....
In criminal cases, consistent and credible evidence is essential; discrepancies and reliance on related witnesses can undermine the prosecution's case and result in acquittal.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Conviction based on unreliable eyewitness testimony due to delays and contradictions cannot be sustained, emphasizing the need for credible evidence in criminal cases.
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
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