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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Kulwant Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present appeal has been filed against the judgment of conviction and order of sentence dated 18/20.01.2005 passed by the Sessions Judge, Kapurthala.
2. The instant FIR came to be registered on 23.09.2003. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 18/20.01.2005. 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 Sucha Singh complainant, was working at the in Rail Coach Factory, Hussainpur, Kapurthala. His son Sohan Singh (deceased), who was also working at the Rail Coach Factory, Kapurthala, was married to Kulwant Kaur (accused-appellant No.1) daughter of Kashmira Singh, resident of Chhoti Tibbi Jejon, about 12 years ago. From this wedlock, two daughters and one son, were born. Sucha Singh, went came to meet his son, on the night of 22/23.09.2003, at about 10-30/11-00 pm, at his quarter No.2233, near Railway Station, Kapurthala. He knocked at the door of the quarter of Sohan Singh as the same was bolted from ins
Offence of Murder – Conviction set aside - A grave and heinous crime had been committed but when there is no satisfactory proof of guilt - Benefit of doubt to accused appellants.
(1) Courts are expected to be sensitive in cases involving crime against women.(2) Burden of proof – Ordinary rule that applies to criminal trials that onus lies on prosecution to prove guilt of accu....
The court affirmed that in cases of circumstantial evidence, the accused's failure to explain facts within their knowledge can lead to a presumption of guilt under Section 106 of the Evidence Act.
The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evide....
Section 106 of the Indian Evidence Act places the burden on the accused to provide a plausible explanation for facts within their special knowledge, and the failure to do so can lead to adverse infer....
The judgment establishes the principle that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt. The application of Section 106 of t....
The court upheld the conviction for murder based on circumstantial evidence and the application of Section 106 of the Evidence Act, emphasizing the accused's failure to provide an alibi.
The trial Court's failure to put material circumstances to the accused during examination under Section 313 of the CrPC constituted a serious irregularity, warranting the acquittal of the appellant o....
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
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