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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LISA GILL, PARMOD GOYAL
Kuldeep – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
PARMOD GOYAL, J.
This appeal is directed against the judgment of conviction and order of sentence both dated 05.03.2015 passed by Additional Sessions Judge, Gurgaon, in Sessions Case No. 23 of 01.07.2014 whereby appellant Kuldeep was held guilty under section 302 Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and was sentenced to undergo life imprisonment and pay a fine of Rs.5,000/- (in default to pay fine, to undergo RI for three months) under section 302 IPC.
2. After completion of investigation in FIR No.72/2014 dated 24.02.2014 registered with police Station DLF Phase II, Gurgaon. Final report/ Challan against the appellant was presented on 22.04.2014. Charge under Section 302 IPC was framed, which was denied by accused, who claimed trial. Appellant was put to trial for commission of offence under Section 302 of the IPC.
3. Prosecution case as put forth by way of statement of Dayanand (eyewitness/complainant), cousin brother of deceased-Rajbir, on the basis of which FIR was registered, is that on 24.02.2014 he (complainant) had gone to meet his cousin brother Rajbir (deceased), who was residing in a rented room with his wife and children at village Nathupur,
Point of law: So far as motive is concerned, it is well settled, where direct evidence is worthy to credence, can be believed, then motive does not carry much weight - That mind set of accused person....
Circumstantial evidence must form an unbroken chain leading to guilt; the absence of direct evidence does not negate conviction if circumstantial evidence is compelling.
(1) While appreciating evidence in criminal cases, there cannot be a strait-jacket formula. Evidence must be appreciated from perception of a prudent common man.(2) Conduct of a stranger eyewitness t....
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
The standards of proof in criminal law necessitate that the prosecution must establish its case beyond reasonable doubt, which was not met due to lack of reliable evidence.
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