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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, Jasjit Singh Bedi
Nazar Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J. -
Nazar Singh assails judgment dated 21.02.2004 passed by learned Additional Sessions Judge, Panipat, wherein the trial Court while holding him guilty of having committed offences under Section 302 IPC and under Section 25 of the Arms Act, sentenced him as under:
Offence | Imprisonment | Fine | In default |
Under Section 302 IPC | Life imprisonment | Rs. 10,000/- | RI for 6 months |
Under Section 25 of the Arms Act | RI for 3 years | Rs.2000/- | RI for one month |
2. The matter arises out of FIR No.144 dated 02.07.2002 registered at Police Station Matlaudha, under Sections 302/120-B IPC and 25/54/59 of the Arms Act at the instance of Mukhtiar Singh. The translated gist of Mukhtiar Singh's statement (Ex.PE) on the basis of which FIR was lodged reads as under:
"I am resident of village Uriana Kalan and am an agriculturist. We are three brothers and own 27 killas of land. The eldest of all is Richpal Singh and younger to him is Lakhvinder Singh and I am the youngest. All of us are married. My brother Lakhvinder Singh was married to daughter of Alla Singh of village Thal, P.S.Safidon and has been residing separately from us since the last about 10 years. My father had distributed the land
A conviction for murder cannot be sustained solely on expert testimony without corroborative evidence, especially when eyewitnesses contradict the prosecution's case.
The duty to assess medical evidence, the reliability of eyewitnesses, and the inconclusiveness of ballistic reports in cases supported by unimpeachable eyewitness testimony.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
Point of Law : Where direct evidence is of unimpeachable character and the nature of injuries disclosed in the postmortem report is consistent with the direct evidence, the examination of ballistic e....
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....
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
The unimpeachable evidence of a single truthful witness may be sufficient to prove a fact, and the court may rely on ocular evidence as the best possible evidence in a criminal case.
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