LawforAll

Showing posts with label we find some difficulty.. Show all posts
Showing posts with label we find some difficulty.. Show all posts
Friday, September 5, 2014

Acquittal - one of the accused - Apex court held that While considering the involvement of Satbir Singh in the occurrence, we find some difficulty. The eye witnesses PW4 Rekha and PW5 Sudha have testified Satish @ Shakti gave a gandasa blow on the neck of Bani Singh and thereafter Satbir Singh gave a gandasa blow on the neck of Bani Singh. PW14 Dr. N.K. Chaudhary who conducted autopsy on the body of Bani Singh found a single injury on the neck of Bani Singh. Hence the overt act attributed to Satbir Singh, namely, attack on neck of Bani Singh with gandasa, becomes doubtful and his presence cannot be said to be established and the benefit of doubt has to be given to him. But so far as the other appellants are concerned, the prosecution version is consistent, namely, that they were armed with the lethal weapons and attacked the deceased and others and the conviction and sentences recorded by the Courts below are correct and does not call for any interference. In the result the appeal preferred by the appellant Satbir Singh in Special Leave Petition (Criminal) no.6674 of 2012 is allowed and the conviction and sentences imposed on him is set aside and he is acquitted of the charges. = CRIMINAL APPEAL NO. 1842 OF 2014 [Arising out of Special Leave Petition (Crl.) No.6673 of 2012] Balwan & Ors. … Appellant(s) versus State of Haryana … Respondent(s) = 2014 - Aug.Part - http://judis.nic.in/supremecourt/filename=41844

  Acquittal - one of the accused - Apex court held that  While considering the involvement of Satbir Singh in  the  occurrence, we find som...