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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Sohan Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. details of the crime and investigation (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding delay in fir and eyewitness reliability (Para 15 , 16) |
| 3. judicial analysis of evidence and witness credibility (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 4. dismissal of appeal based on evidential merits (Para 23) |
JUDGMENT :
JASJIT SINGH BEDI, J.
1. The present appeal has been filed against the judgment of conviction and order of sentence dated 06/09.10.2004 passed Sessions Judge, Sirsa.
2. The FIR was registered on 07.08.1991, the judgment of conviction and order of sentence passed by the Session Judge, Sirsa is dated 06/09.10.2004, the appeal was filed on 04.01.2005 and the matter is being taken up for hearing now i.e. after a period of 33 years from the date of registration of the FIR.
3. The facts of the prosecution case as revealed from the statement of the complainant-Bhagwan Singh, PW-7 and other prosecution witnesses examined during the course of trial are as under:-
PW7-Bhagwan Singh had two other brothers namely deceased Lachhman Singh and PW8-Ram Singh. Ram Singh was the elder brother and all the three brothers used to reside in one house in separate portions at village
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.
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
Conviction cannot stand when significant doubts arise due to contradictory testimonies and acquittal of co-accused on similar evidence, emphasizing the principle of parity in criminal proceedings.
When FIR is delayed, in absence of proper explanation, courts must be on guard and test evidence meticulously to rule out possibility of embellishments in prosecution story.
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