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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUDHIR SINGH, SUKHVINDER KAUR
Mohinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sudhir Singh, J.
The present appeal has been filed against the judgment dated 04.04.2024 passed by the learned Additional Sessions Judge, Kapurthala, whereby accused respondent Nos.2 to 5 have been acquitted of the charges framed against them under Sections 302 & 34 IPC.
2. Vide order dated 14.08.2024, the Lower Court record was called for. The same was received on 30.09.2024.
3. The prosecution case was that on 07.09.2020, complainant-Mohinder Singh (PW-1) got recorded his statement with SI Raghbir Singh stating therein that he was resident of village Bhadas and was an agriculturist by profession. He had one son and three daughters. His eldest daughter, namely Swaranjit Kaur, aged 35 years, was earlier married to Jasvir Singh son of Balvir Singh, resident of village Peerowal, Gurdaspur. However, she got a divorce in the year 2014. Thereafter, she was married to Pushpinder Singh-respondent No.2. On 07.09.2020, Mandeep Kaur, another daughter of the complainant, informed him that Swaranjit Kaur had been killed by Pushpinder Singh by pressing her neck. Upon receiving this information, the complainant along with his wife-Gurmeet Kaur visited the house of his daughter Swaranjit K
The prosecution must establish basic facts before invoking Section 106 of the Evidence Act; failure to do so results in the benefit of doubt for the accused.
The main legal point established in the judgment is the importance of proving facts beyond a reasonable doubt and the need for a complete chain of circumstances in cases resting on circumstantial evi....
The main legal point established in the judgment is the application of circumstantial evidence and the burden of proof under Section 106 of the Evidence Act in cases where the accused fails to provid....
The provisions of Section 106 of the Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that fac....
Burden of proof – In a case based on circumstantial evidence, whenever an incriminating question is posed to accused and he or she either evades response, or offers a response which is not true, then....
The prosecution's successful establishment of the chain of events and the application of Section 106 of the Evidence Act placed the burden on the appellants to prove otherwise.
(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....
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