PANKAJ PUROHIT
State of Uttaranchal – Appellant
Versus
Kamal Singh – Respondent
JUDGMENT :
PANKAJ PUROHIT, J.
1. In this appeal preferred by the State under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), judgment and order dated 25.03.2006, passed by learned Sessions Judge, Dehradun in Sessions Trial No. 208 of 2004 State Vs. Kamal Singh and Others, is under challenge, whereby the said court, at the conclusion of trial, has acquitted the respondents-accused for the charge of offence punishable under Section 304 of IPC.
2. Facts in nutshell are that initially on 14.10.2004, a non-cognizable report (Ext. Ka-1) was given by PW1-Bakshi Chand Rana with police outpost Herbertpur, District Dehradun with the averments that on the last date, he along with his wife had gone to the house of his daughter and called for her. On some issue being argued in the house, his son-in-law and his brothers bent upon to commit maarpeet. His wife is a diabetic patient, who sustained injuries in his house. Thereafter, another report (Ext. Ka-2) was lodged by PW1-Bakshi Chand Rana with the same police outpost stating therein that his daughter-Renu was got married one and a half year ago with accused-Kamal Singh. There were some issues ongoing betwee
The appellate court reinforced the principle that acquittals should not be overturned without substantial and compelling reasons, maintaining the presumption of innocence.
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.