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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT, SUKHVINDER KAUR
Surjit Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S. SHEKHAWAT, J.
1. By way of the instant appeal, the appellant/complainant has assailed the legality of the impugned judgment dated 25.07.2003 passed by the Court of Additional Sessions Judge (Adhoc), Patiala, whereby, the respondents were ordered to be acquitted by the trial Court.
2. During the pendency of the present appeal, the respondents No. 3, 5 and 7 have expired and consequently, vide order dated 04.11.2025, the present appeal qua them was ordered to have been abated.
3. The brief facts of the present case as noticed in short by the trial Court read as under:-
“That on 11.11.98 at about 7.30 PM Labh Singh husband of the complainant Surjeet Kaur after taking his dinner went to sleep in a room of the house situated outside meant for keeping animals. At about 08.00 P.M., the complainant was going to serve milk to her husband Labh Singh. When she reached near the gate of the out house, she heard the noise of ‘Bachao-Bachao'. On entering the house, the complainant saw that Balbir Singh accused had caught hold the neck of Labh Singh with both the hands, Gurjeet Singh s/o Mohan Singh and Rooda Singh @ Jasbir Singh son of Gurdev Singh were holding Labh Singh from his both
(1) Burden of proof lies on parties who substantially asserts affirmative of issue and not upon party who denies it – In criminal cases it is for prosecution to bring guilt home to accused.(2) About ....
The acquittal of the accused was upheld due to insufficient evidence and contradictions in eyewitness testimonies, emphasizing the burden of proof on the prosecution.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in witness testimonies, reinforcing the presumption of innocence.
Acquittal of the accused is upheld as the prosecution failed to prove guilt beyond reasonable doubt; suspicion cannot replace proof in criminal cases.
The court found significant evidence gaps and delays in the prosecution's case, casting doubt on the convictions, ultimately leading to an acquittal.
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