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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, LALIT BATRA
Naresh Godara – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 17.8.2016, upon case bearing No. 35 of 1998/2016, by the learned Additional Sessions Judge, Sirsa. Through the above said verdict, the learned trial Judge concerned, convicted the accused, for the commission of offence punishable, under Section 302 read with Section 34 of the IPG. Moreover, through a separate sentencing order, drawn on 22.8.2016, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for life for an offence punishable under Section 302 IPG read with Section 34 IPG, besides also imposed, upon the convict sentence of fine, as comprised in a sum of Rs. 50,000/-. However, the period of detention undergone by the convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment. It was also ordered, that the fine, if realized, be apportioned in such a manner, that Rs. 10,000/-be paid to the State Exchequer towards cost of proceedings, and, Rs. 40,000/- be paid to the LRs of the deceased as compensation.2. The accused-c
The main legal point established in the judgment is the requirement for conclusive and creditworthy evidence to support the charges against the accused, especially in cases involving eyewitness testi....
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.
The main legal point established in the judgment is the reliance on credible evidence, including witness testimonies, confession of guilt, recovery of the crime weapon, and forensic report, to uphold....
The prosecution must prove its case beyond reasonable doubt, and a weak motive can undermine convictions; corroborated evidence must link defendants to the crime convincingly.
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
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