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SURESHWAR THAKUR, KULDEEP TIWARI
Balbir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 11.1.2018, upon Sessions Case No. 38 of 2016, by the learned Sessions Judge, Bhiwani, wherethrough in respect of charges drawn against the accused qua offences punishable under Sections 452 and 302 of the IPC, and, under Section 27 of the ARMS ACT , 1959, thus the learned trial Judge concerned, proceeded to record a finding of conviction against accused-appellant. Moreover, through a separate sentencing order, drawn on 12.1.2018, the learned trial Judge concerned, sentenced the convict in the hereinafter extracted manner.
| Sr. No. | Offence under Section | Punishment |
| 1. | 302 IPC | Imprisonment for life and to pay fine of Rs. 10,000/-. In default of payment of fine, he would further undergo rigorous imprisonment for one year. |
| 2. | 452 IPC | Rigorous imprisonment for two years and to pay fine of Rs. 2,000/-. In default of payment of fine, he would further undergo rigorous imprisonment for two months. |
| 3. | 27 of the ARMS ACT | Rigorous imprisonment for two years and to pay fine of Rs. 2,000/-. In default of payment of fine, he would further undergo |
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 main legal point established in the judgment is the reliance on credible evidence, including witness testimonies, confession of guilt, recovery of the crime weapon, and forensic report, to uphold....
The conviction was upheld based on strong evidentiary links, including a confession and ballistic evidence, demonstrating the accused's culpability in murder and related firearms offences.
The prosecution must prove its case beyond reasonable doubt, and a weak motive can undermine convictions; corroborated evidence must link defendants to the crime convincingly.
A conviction based on circumstantial evidence requires establishing a complete chain of events proving guilt beyond reasonable doubt, and procedural issues do not negate overwhelming substantive evid....
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