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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, Jasjit Singh Bedi
Charanjit Kaur – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. appeal filed against conviction and sentence. (Para 1 , 2 , 21 , 22) |
| 2. details surrounding the incident leading to conviction. (Para 3 , 8 , 12) |
| 3. significant delays raised doubts on witness testimonies. (Para 6 , 24 , 27) |
| 4. court finds significant merit in doubts regarding prosecution. (Para 26 , 32) |
| 5. appeal successfully allows for acquittal of charges against appellant. (Para 33 , 34) |
JUDGMENT :
Jasjit Singh Bedi, J.
The present appeal has been filed against the judgment of conviction and order of sentence dated 18.01.2005 passed by the Sessions Judge, Sangrur.
2. The instant FIR came to be registered on 29.10.2003. The accused-appellant came to be convicted vide judgment of conviction and order of sentence dated 18.01.2005. The present appeal against the judgment of conviction and order of sentence was filed on 21.03.2005. The matter has come up for final hearing now after more than 21 years of the registration of the FIR.
3. The facts, in brief, are that on 29.10.2003, ASI Sukhkirpal Singh of Police Station, Sunam reached at Civil Hospital, Sangrur on receipt of a memo regarding the death of Bhola Singh son of Ram Singh resident of village Ramgarh Jawandha. Ram S
The court found significant evidence gaps and delays in the prosecution's case, casting doubt on the convictions, ultimately leading to an acquittal.
(1) Delay in lodging FIR by itself cannot be regarded as sufficient ground to draw adverse inference against prosecution case, nor could it be treated as fatal to case of prosecution.(2) It would not....
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 prosecution must establish the guilt of the accused beyond reasonable doubt; failure to prove clear connections in poisoning cases led to acquittal.
The conviction based on unreliable partisan witness testimony and a fabricated dying declaration was set aside due to investigative flaws and lack of impartiality.
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....
Failure to prove murder charges led to conviction for abetment of suicide due to mental torture by accused, highlighting the significance of conduct.
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
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