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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Shanku – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
1. Appellants - Shanku and Balbir Singh have preferred this appeal assailing judgment dated 24.03.2005 passed by learned Sessions Judge, Ferozepur vide which they were held guilty for offence punishable under Section 302/34 IPC and have been sentenced to undergo imprisonment for life apart from payment of fine amounting to Rs.5000/- each. However, since appellant No.2 - Balbir Singh has expired during the pendency of this appeal, the proceedings qua him stand abated vide order dated 17.02.2025. As such, the instant appeal survives only qua appellant No.1 - Shanku.
2. The matter arises out of FIR No.21 dated 08.02.2001 registered at Police Station Sadar Fazilka, under Sections 302/34 IPC (Ex.P10/B) on the basis of statement (Ex.P10) of Bhajan Singh, wherein he stated that he is a labourer by profession and works for Food Corporation of India (FCI), Fazilka and that they are 5 brothers. He stated that his eldest brother Khushal Singh had died and his wife Jeeto Bai was now residing with Bhagwan Singh, who used to reside in his in-laws village Kotha Thagni. Bhagwan Singh was also a labourer working for FCI. The complainant stated that he as well as his
A conviction for murder cannot be sustained solely on expert testimony without corroborative evidence, especially when eyewitnesses contradict the prosecution's case.
The prosecution must prove guilt beyond a reasonable doubt; if evidence allows for two reasonable conclusions, the one favoring the accused prevails.
The conviction for murder was overturned due to significant doubts arising from procedural delays, witness credibility issues, and insufficient evidence meeting the standard of proof beyond reasonabl....
The consistency and reliability of witness testimony are crucial in establishing the guilt of the accused beyond a reasonable doubt.
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
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