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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, Jasjit Singh Bedi
Jagtar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Gurvinder Singh Gill, J. -
This judgment shall dispose off the above mentioned two appeals filed by appellants Jagtar Singh and Jagdev Singh wherein judgment dated 10.01.2005 passed by learned Sessions Judge, Faridkot is being assailed vide which both the appellants had been held guilty of having murdered Jaswinder Singh and have been sentenced as under:-
Section | Sentence |
302/34 IPC | To undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for six months each. |
201/34 IPC | To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for three months each. |
2. The FIR (Ex.P-33) was lodged on the statement/ruqa (Ex.P-32) of complainant Sonam Rani @ Seema on 15.11.2001 wherein she alleged that she had earlier been married to Rajesh @ Banty who was addicted to intoxicants, but since they could not pull-on together, they started residing separately and with the intervention of the Panchayat, it was settled that each of them would be at liberty to contract second marriage. The complainant stated t
The court ruled that weak circumstantial evidence and lack of motive cannot support a murder conviction, necessitating a complete chain of proof.
Circumstantial evidence can lead to conviction in murder cases if it forms a complete narrative excluding reasonable doubt.
The judgment underscores that a conviction based solely on circumstantial evidence must establish an unbroken chain of events leading to guilt, with comprehensive corroboration against multiple hypot....
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
Circumstantial evidence must form a complete chain, excluding all reasonable hypotheses of innocence, for conviction; reliance on weak evidence leads to acquittal.
Circumstantial evidence – Principle applicable to circumstantial evidence requires that facts must be consistent with hypothesis of guilt of accused.
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