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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, SUDEEPTI SHARMA
Suresh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing of appellant. (Para 1 , 2 , 4) |
| 2. investigation and trial process. (Para 5 , 6 , 7 , 8) |
| 3. arguments by the parties. (Para 11 , 12) |
| 4. witness accounts and their reliability. (Para 13 , 14 , 15 , 16 , 18) |
| 5. principles governing disclosure statements. (Para 22 , 24 , 27) |
| 6. evidentiary value of confession and recovery. (Para 37 , 48) |
| 7. final judgment and execution of sentence. (Para 49 , 50 , 51 , 52) |
JUDGMENT :
SURESHWAR THAKUR , J.
1. The instant appeal is directed against the impugned verdict, as made on 31.10.2022, upon Sessions Case No. 03 of 2018, by the learned Sessions Judge, Sonipat, wherethrough in respect of charges drawn against the accused qua offence punishable under Sections 302 and 307 read with Section 34 IPC and under Sections 25 and 27 of the ARMS ACT , the learned trial Judge concerned, proceeded to record a finding of conviction against the accused-appellant Suresh. However, the co-accused namely, Mandeep and Parvesh were acquitted of the charges framed against them.
2. Moreover, through a separate sentencing order dated 4.11.2022, the learned trial Judge concerned, sentenced the convict in the hereafter extracted manner:
| Na | ||||
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.
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 court emphasized that disclosure statements must be corroborated by credible evidence to establish guilt, and acquittals were upheld due to insufficient evidence against several accused.
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