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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Dilbag Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. The appellants herein assail judgment dated 20.11.2004 passed by learned Sessions Judge, Karnal vide which appellants namely Dilbag Singh, Shamsher Singh and Ravinder Singh have been held guilty and sentenced as under:
Name of the Convict | Offence Under Section | Imprisonment |
Dilbag Singh | 302/34 IPC | Life Imprisonment |
25 of Arms Act | Two Years | |
27 of Arms Act | Five Years | |
Shamsher Singh | 302/34 IPC | Life Imprisonment |
25 of Arms Act | Two Years | |
Ravinder Singh | 25 of Arms Act | 'undergone' period |
2. The matter arises out of FIR No.419, dated 17.9.2003 registered at Police Station Assandh, under Sections 302/307/4 of Indian Penal Code and Sections 25/27 of Arms Act, lodged at the instance of Yashvir Singh (son of deceased Ranvir Singh), wherein it is alleged that on 17.9.2003 when he alongwith his brother Yudhvir Singh and his father Ranvir Singh (deceased) was returning home from their fields on a motorcycle, they were waylaid by his two uncles namely Dilbag Singh and Ravinder, who were accompanied by Shamsher Singh. Dilbag Singh and Ravinder were carrying country made pistols, whereas Shamsher Singh was carrying a double barrel .12 bore gun. Dilbag Singh fired 4 shots from his pi
A conviction for murder cannot be sustained solely on expert testimony without corroborative evidence, especially when eyewitnesses contradict the prosecution's case.
The conviction was upheld based on strong evidentiary links, including a confession and ballistic evidence, demonstrating the accused's culpability in murder and related firearms offences.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
1) When there is similar or identical evidence of eyewitnesses against two accused by ascribing them same or similar role, court cannot convict one accused and acquit other.(2) In cases where injurie....
The court established that a lack of premeditation and the presence of provocation can reduce a murder charge to culpable homicide not amounting to murder.
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