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SUDHIR SINGH, JASJIT SINGH BEDI
State of Haryana – Appellant
Versus
Jai Kumar – Respondent
JUDGMENT :
Mr. Jasjit Singh Bedi, J.:- The present application under Section 378(4) of Cr.PC has been filed for grant of leave to appeal against the judgment of acquittal dated 20.02.2023 passed by Additional Sessions Judge, Karnal.
2. As per record, the offence was committed in the year 2018, the FIR came to be registered on 05.01.2018. The judgement of acquittal was recorded on 20.02.2023. The leave to appeal was filed in 2024 and has come up for hearing today.
3. The brief facts of the prosecution case are that on 5.1.2018, SI/SHO of Police Station Sadar, Karnal received a telephonic message from Shiv Charan, Incharge, Police Post Ramba that a dead body was lying underneath the soil in village Salaru at Taprana Road on the kacha rasta which lead to village Darar. On receipt of this information, the SI/SHO alongwith HC Manjeet Singh, HC Constable Vijay Kumar and driver HC Sat Narayan reached at the spot. Shri Darpan Kamboj, Tehsildar, Nilokheri was appointed as Duty Magistrate for the exhumation proceedings. The scene of crime team was also informed. Raj Kumar, Photographer, Police Lines, Karnal was also directed to reach at the spot. Thereafter, Shri Darpan Kamboj, Dr. Krishan Kuma
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Circumstantial evidence – Where a case rests squarely on circumstantial evidence, inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible ....
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