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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Krishan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
Appellant - Krishan assails judgment dated 19.4.2005 and order of sentence dated 21.4.2005 passed by learned Additional Sessions Judge, Sonepat whereby learned Trial Court while holding him guilty of having committed offence punishable under Section 302 of Indian Penal Code, sentenced him as under:
Offences | Imprisonment | Fine | In default of payment of fine |
302 IPC | Life imprisonment | Rs. 5,000/- | -- |
2. The matter arises out of FIR No.144 dated 23.8.2001 registered at Police Station Murthal, under Section 302 of Indian Penal Code (Ex.PL), at the instance of Bijender Singh (PW-14) pertaining to death of Smt. Bala wife of Sat Narain, whose dead-body was noticed hanging from a tree on the morning of 19.8.2001 by one Narinder. The aforesaid Narinder reported the matter to the police on 19.8.2001 at 10:00 A.M. His statement (Ex.PA) as recorded by the police reads as under:
'I am a resident of Village Bakhtawarpur and work as a labourer. Today at about 05:40 A.M. when I came out from my house to answer the call of nature, then I saw a women hanging from a tree with a rope around her neck. I informed Smt. Sahab Kaur, Sarpanch and was now proceeding to the police station
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
The judgment underscores that a conviction based solely on circumstantial evidence must establish an unbroken chain of events leading to guilt, with comprehensive corroboration against multiple hypot....
Extra-judicial confessions can be admissible if made voluntarily; corroboration from multiple credible witnesses and medical evidence supports conviction under Sections 302 and 201 of the Indian Pena....
The main legal point established in the judgment is the application of circumstantial evidence, extra-judicial confession, motive, and the principle of last seen together to prove the guilt of the ac....
Extra-judicial confessions can support a conviction if found voluntary and corroborated by evidence, even in the absence of direct witnesses.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
Circumstantial evidence must form a complete chain, excluding all reasonable hypotheses of innocence, for conviction; reliance on weak evidence leads to acquittal.
The main legal point established in the judgment is the reliance on circumstantial evidence, the shift of burden of proof to the appellant, and the admissibility of extra-judicial confessions in esta....
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