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KULDEEP TIWARI, SURESHWAR THAKUR
Rakesh @ Vaidh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
The instant appeal is directed against the verdict drawn on 26.09.2022, upon Sessions Case No.SC/491/2017, presented on 07.04.2017, registered on 10.04.2017, by the learned Additional Sessions Judge, Rohtak, wherethrough, in respect of charges drawn for offences punishable under Sections 302 /201/34 of IPC, he recorded a verdict of conviction against the convict. Moreover, through a separate sentencing order of 01.10.2022, the learned trial Judge concerned, imposed, upon, the convict both sentence(s) of imprisonment as well as sentence(s) of fine, but in the hereinafter extracted manner.
| Under Section | Sentence |
| U/s. 302 IPC | To undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- (Rupees fifteen thousands only) and in default whereof, to further undergo imprisonment for a period of six months. |
| U/s. 201 | IPC To undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/- (Rupees five thousands only) and in default whereof, to further undergo imprisonment for a period of two months. |
2. Both the substantive sentences were ordered to run concurrently. However, the sentences in default of payment of
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
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 court ruled that weak circumstantial evidence and lack of motive cannot support a murder conviction, necessitating a complete chain of proof.
Acquittal upheld due to insufficient evidence and procedural irregularities affecting credibility.
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to contradictions in eyewitness testimonies, unreliable recovery of the weapon, and a defective investigation.
Murder Charge - When a murder charge is to be proved solely on circumstantial evidence, as in this case, presumption of innocence of the accused must have a dominant role.
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