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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Satish – Respondent
JUDGMENT :
N.S.SHEKHAWAT, J.
1. The present appeal has been directed against the impugned judgment dated 16.03.2004 passed by the Court of Additional Sessions Judge, (Adhoc), Jhajjar, whereby, the respondents were ordered to be acquitted by this Court.
2. During the pendency of the present appeal, the respondent No.2 died and the appeal stands abated against him.
3. The FIR Ex.PB/1 in the present case was ordered to be registered on the basis of the statement made by Dharampal son of Deep Chand and the same has been reproduced below:-
“Statement of Dharampal son of Deep Chand, Jat, resident of Khanpur Kalan, aged 58 years.
Stated that I am the resident of above mentioned address and do the job of agriculture. I have four children. Two boys and two girls. Earlier my elder son Vijay was employed at liquor vend Khera Thru. However, due to some disputes with other workers he has now started working at the liquor shop of village Bahala. Yesterday, on 15.06.2000 Vijay took Rs. 25,000/- and went to Branch (at Bahala). Yesterday my brother Jagdish informed me at my house at about 9 p.m. that during the day at about 6 P.M. he had gone to see Vijay at village Bahala, where he (Jagdish) came to kno
Point if Law: Merely because appellate court on re-appreciation and re-evaluation of the evidence is inclined to take a different view, interference with judgment of acquittal is not justified if vie....
In appeals against acquittal, courts must find overwhelming evidence of guilt; mere suspicion is insufficient for conviction.
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
An appellate court may reappraise evidence in acquittal appeals but maintains double presumption of innocence, requiring clear support for findings before altering trial court decisions.
The appellate court should not disturb the findings of acquittal recorded by the trial court if two reasonable conclusions are possible on the basis of the evidence on record, and the trial court's f....
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt, the importance of consistent testimonies, and the need for indepe....
The judgment underscores the high standard of proof required in criminal cases, the presumption of innocence in favor of the accused, and the limited scope of appellate review in acquittal appeals.
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