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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, RAMESH KUMARI
Kulbir @ Anku – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Ramesh Kumari, J.
1. This appeal is filed by Appellant - Kulbir @ Anku hereinafter referred as 'accused' against the impugned judgment of conviction dated 24.05.2018 , and the impugned order of sentence dated 25.05.2018 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri for the offences under Sections 302 IPC and 324 IPC in a case arising out of FIR No. 189, dated 28.08.2017, registered at Police Station Bilaspur, Yamuna Nagar (Haryana) for commission of murder of one Purshotam and of having inflicted simple injuries by sharp edged weapon (knife) on the person of the complainant/injured Kuldeep Singh and eye-witness/injured Yashpal and wherein he has been sentenced as under:-
Offence under Section | Period of sentence | Fine imposed | Period of sentence in default of payment of fine |
302 IPC | Imprisonment for life | Rs.50,000/ - | RI for one year |
324 IPC | RI for three years | Rs.5,000/- | RI for one month |
Both the sentences have been ordered to run concurrently.
2.(i) As per prosecution allegations, PW10 Dr. Shama Parveen, Medical Officer, PHC Bilaspur, sent medical ruqqa Ex.PU alongwith MLRs No.SHP/BSP/17/207, No.SHP/BSP/17/208, No.SHP/BSP/17/209 dated 24.08.2017 Ex.PR, Ex.PS and Ex.
Direct evidence from eyewitnesses substantiated by medical testimony is sufficient for conviction; absence of motive does not negate evidence.
It is a well-settled law that in a murder case, the non-explanation of the injuries sustained by the accused at about the time of occurrence or in the course of altercation is a very important circum....
The court affirmed a conviction under Section 302 IPC, emphasizing reliance on eyewitness testimony and the sufficiency of direct evidence over the need for motive in murder cases.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
Intention in culpable homicide is inferred from the nature of the weapon used, the location of injuries, and conduct indicating a purposeful act to achieve a harmful outcome.
The main legal point established in the judgment is that the evidence of eyewitnesses, the injured witness, and the medical evidence played a crucial role in establishing the guilt of the accused bey....
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