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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Harjinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
1. The present appeal has been filed against the judgment of conviction and order of sentence dated 25.10.2004 passed by the Sessions Judge, Amritsar.
2. The FIR was registered on 16.09.2001, the judgment of conviction and order of sentence passed by the Sessions Judge, Amritsar is dated 25.10.2004, the appeal was filed on 28.01.2005 and the matter is being taken up for hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.
3. The prosecution story in brief is that Nishan Singh S/o Gurdial Singh lodged a complaint with the police stating that he was a resident of Village Gaggobua and was working as a Conductor on a private mini bus. He had one brother and one sister Kulwinder Kaur who was married to Palwinder Singh of village Chhapa. His younger brother Khajan Singh was assisting his father in domestic work. They all used to pay obeisance at Baba Budha Sahib on every Sangrand. This time also they were to go to Baba Budha Sahib to pay obeisance for which his sister and her husband Palwinder Singh had come to their village in the evening. Then he (complainant) contacted the driver of the bus where he was employed a
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....
The court upheld the conviction for murder, emphasizing that fear-induced delays in FIR registration and eyewitness testimony were credible despite long lapses in time.
In cases of unnatural death in matrimonial homes, the husband bears the burden of proof to explain the circumstances, and conviction can be based on credible eyewitness testimony.
In criminal cases, consistent and credible evidence is essential; discrepancies and reliance on related witnesses can undermine the prosecution's case and result in acquittal.
The admissibility of documents and witness testimonies is crucial in establishing a case beyond reasonable doubt.
The prosecution must prove charges beyond reasonable doubt; mere suspicion is insufficient for conviction.
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