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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Pawan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. The appellants Pawan Kumar and Satya Narain assail judgment dated 3.5.2005 passed by learned Additional Sessions Judge, Narnaul, whereby they have been held guilty for having committed offences punishable under Sections 302 , 201 read with Section 34 of Indian Penal Code and stand sentenced as under:
Name of the convict(s) | Offences | Imprisonment | Fine | In default of payment of fine |
Pawan | 302 r/w 34 IPC | Life imprisonment | Rs.2,000/- | R.I for 6 months |
Kumar | 201 r/w 34 IPC | Seven years | Rs.1,000/- | R.I for 2 months |
Satya Narain | 302 r/w 34 IPC | Life imprisonment | Rs.2,000/- | R.I for 6 months |
201 r/w 34 IPC | Seven years | Rs.1,000/- | R.I for 2 months |
2. The matter arises out of FIR No.302 dated 6.11.2000 registered at Police Station Mahendergarh, under Sections 302 /201/34 of Indian Penal Code (Ex.PF/2) lodged at the instance of statement of complainant Jagdish Parshad. The translated gist of his statement (Ex.PF) reads as under:
'I am a resident of Village Pathera, District Mahendergarh and I am an agriculturist. We are three brothers. Om Parkash is my elder brother and younger to him is Rohtash, who is also an agriculturist. Ashok son of Rohtash aged about 10-11 years was studying in Clas
Circumstantial evidence must form a complete chain, excluding all reasonable hypotheses of innocence, for conviction; reliance on weak evidence leads to acquittal.
(1) Murder and disappearance of evidence – Application of theory of ‘last seen’ in absence of any other positive evidence to conclude that accused and deceased were last seen together would be hazard....
In murder cases based on circumstantial evidence, each link must be established beyond reasonable doubt, with all evidence consistently pointing to the guilt of the accused.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Circumstantial evidence must form a complete chain pointing to guilt, with the prosecution required to establish every link beyond reasonable doubt.
The central legal point established in the judgment is the requirement for conclusive and incriminating evidence in cases based on circumstantial evidence, as well as the need to establish a clear mo....
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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