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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Jagdish Kumar @ Jaggi – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
This order shall dispose of two criminal revision petitions i.e. CRR-2738-2009 titled as 'Jagdish Kumar @ Jaggi versus State of Punjab' and CRR-2705-2009 titled as 'Gagandeep Singh versus State of Punjab' as the same are arising out of the same FIR. However, for the sake of convenience, the facts have been taken from CRR-2738-2009.
2. The prayer in these revision petitions is for setting aside the judgment dated 06.10.2009 passed by the Additional Sessions Judge, Ludhiana whereby the appeal against the judgment of conviction and order of sentence dated 19.11.2008 passed by the Judicial Magistrate Ist Class, Ludhiana, has been dismissed.
3. The FIR in the present case came to be registered on 31.07.2001. The judgment of conviction and order of sentence was passed on 19.11.2008 by the Judicial Magistrate Ist Class, Ludhiana. The Appeal filed against the judgment of conviction and order of sentence was dismissed on 06.10.2009 by the Additional Sessions Judge, Ludhiana. The instant revision petitions were filed on 22.10.2009 and 14.10.2009 respectively and have come up for final hearing now i.e. after a period of more than 23 years from the date of registra
The prosecution must prove the guilt of the accused beyond reasonable doubt; insufficient evidence leads to acquittal.
The testimony of official witnesses can be the sole basis for conviction if it is reliable and consistent, even in the absence of independent witnesses.
The court upheld that convictions can rely on official witness testimony even without independent corroboration if the evidence is credible, and absence of chemical analysis report does not invalidat....
The court has the discretion to consider the time served and the circumstances of the trial in reducing the sentence under the Rajasthan Excise Act.
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