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2023 Supreme(Online)(P&H) 8713
HIGH COURT OF PUNJAB AND HARYANA
PADAM SINGH AND OTHERS – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
LPA 903 2022
The delay in lodging the FIR, post mortem examination and arrest of the accused persons can be explained and the evidence of the eye witnesses can be credible and reliable.
Headnote:
CRIMINAL LAW - MURDER - SECTION 302 IPC - CONVICTION - APPEAL - EVIDENCE - EYE WITNESSES - CREDIBILITY - DELAY IN LODGING FIR - EXPLANATION - DELAY IN POST MORTEM EXAMINATION - EXPLANATION - DELAY IN ARREST - EXPLANATION - HELD, DELAY IN LODGING FIR, POST MORTEM EXAMINATION AND ARREST OF ACCUSED PERSONS EXPLAINED - CONVICTION UPHELD.
Fact of the Case:
The prosecution case is that on 26.04.2008 at about 10.00 p.m., the deceased was sleeping in the verandah of his house. The accused persons came there and assaulted him with a stick and a knife. The deceased sustained injuries and died on the spot. The prosecution examined 12 witnesses to prove its case. The trial Court convicted the accused persons under Section 302 IPC and sentenced them to undergo imprisonment for life.
Finding of the Court:
The High Court upheld the conviction of the accused persons. The High Court held that the delay in lodging the FIR, post mortem examination and arrest of the accused persons was explained. The High Court also held that the evidence of the eye witnesses was credible and reliable.
Issues: 1. Whether the delay in lodging the FIR, post mortem examination and arrest of the accused persons was explained?2. Whether the evidence of the eye witnesses was credible and reliable?
Ratio Decidendi: 1. The delay in lodging the FIR was explained by the prosecution witness who stated that he was in a state of shock and grief after the incident and that he had to travel to a distant place to inform the police.2. The delay in post mortem examination was explained by the prosecution witness who stated that the police had to wait for the arrival of a doctor from a distant place.3. The delay in arrest of the accused persons was explained by the prosecution witness who stated that the police had to conduct an investigation before arresting the accused persons.4. The evidence of the eye witnesses was found to be credible and reliable by the trial Court and the High Court.
Final Decision: The High Court upheld the conviction of the accused persons under Section 302 IPC and sentenced them to undergo imprisonment for life.
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2024.01.05 17:18
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