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DELHI HIGH COURT
R.S. Sodhi, J
State – Appellant
Versus
Balbir Chand alias Billa – Respondent
| Table of Content |
|---|
| 1. prosecution fails to establish reliable eyewitness accounts. (Para 1 , 2 , 3 , 4) |
| 2. the high court's review must balance witness credibility, presumption of innocence. (Para 10 , 11) |
| 3. contradictions in witnesses undermine the prosecution's case. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. final ruling on appeal aligns with trial judge's conclusions. (Para 27) |
1. On December 5, 1979 Sh. Joginder Nath, Additional Sessions Judge, acquitted Balbir Chand alias Billa, Mohan Lal, Ramesh Kumar, Bansi Lal, Ashok Kumar and Nafis charged u / S.302, S.147, S.149 and S.323 of the Indian Penal Code . The State, feeling aggrieved, has filed this appeal.
2. The case of the prosecution falls into a short compass. Its essentials may be recapitulated. The occurrence is of December 15, 1978. Time, about 12-15 p.m. Jagdish was the name of the deceased. The First Information Report was lodged by his nephew Surinder Kapur, who, at that time, was a student of Gurukul Higher Secondary School situated at Ram Bagh, Kishan Ganj, Delhi. He entered into the witness box as witness No. 2 of the prosecution. Besides him, the other alleged eyewitnesses to the
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