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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
State Of Haryana – Appellant
Versus
Bahadur Singh – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present appeal has been filed against the judgment of acquittal dated 26.07.2004 passed by the Additional Sessions Judge, Fast Track Court, Hisar.
2. The FIR was registered on 22.09.2001, the judgment of acquittal passed by the Addl. Session Judge, Fast Track Court, Hisar is dated 26.07.2004, the appeal was filed on 07.10.2004 and the matter is being taken up for hearing now after 23 years of the registration of the FIR.
3. The appeal qua respondent Nos.l and 2 stand abated since they have passed away and survives against respondent No.3 namely Bimla W/o Bahadur Singh.
4. Briefly, the case of the prosecution is that ASI Balbir Singh recorded the statement of Ram Dulari widow of Manphool Singh, caste Kumhar resident of Khan Bahadur, Police Station, Barwala, aged 42 years to the effect that she was a resident of the aforesaid address and a widow. She had three daughters and one son. The eldest daughter was married and the son who was younger to her was studying at village Kirtan. Daughters Sunita aged 13 years and Shakuntala aged 11 years resided with her in the village. Her father-in-law owned 9 acres of land but nothing had been given to her and she
The court upheld the acquittal of the accused due to unexplained delay in FIR lodging and lack of corroborative evidence, emphasizing the presumption of innocence.
Appellate interference with acquittal only if perverse, misreading evidence, or no reasonable acquittal view possible; unexplained FIR delay, witness contradictions, inconclusive medicals justify uph....
An appellate court can only overturn an acquittal if the trial court's decision is perverse or based on a misapprehension of evidence, respecting the presumption of innocence.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.
The appellate court upheld the acquittal, emphasizing that the prosecution failed to establish guilt beyond reasonable doubt, highlighting the presumption of innocence.
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