On Thursday (January 6) the Supreme Court observed that the first appeal of confidence in murder cases could not be dismissed after recording conclusions in general and in just four lines.
A bench consisting of Judge Sanjay Kishan Kaul and M.M. Sundresh set aside the sequence of the Punjab High Court and Haryana and deposited the material for consideration.
Prosecution’s Case
The applicant has caused a punch ax on the neck and cheeks of the reporter, who had given up on the wound. In FIR, the motive was due to a fight between the parties that took place when they were drunk four days ago. FIR is submitted. The police reached the place and took property property belonging to. The applicant was arrested and he made a disclosure statement that led to the recovery of weapons and clothing, which was covered in blood per FSL report. As per Mortem Post reported the death because hemorrhagic shock was caused by a wound on his neck.
High court decision
A short high court recorded a testimony of doctors, who did post mortem; Sub-inspectors who recorded statements from police, interpreters and photographers; Reporting; An uncle attended the deceased at the murder site; the interpreter, who prepared a site plan; photographer; Sub-Inspector submitted by FIR based on complaints. It also recorded the FSL report. After that, told brief prosecution cases, the High Court concluded that the prosecutor had proven a doubtful case and the right assessment of evidence, the court punished the defendant and sentenced to serving a life sentence with a fine of RS. 10, 000. High Court –
“The prosecutor has proven the case against the Petitioner in doubt. There is a correct assessment of evidence by the learning court. There is no reason for us to disrupt the good assessment of the study court.”
The court continued canceled the bond guarantee and guarantee and directed the applicant to surrender before the judicial judge’s head to undergo the rest of the sentence.
The Supreme Court decision
The Supreme Court has been disturbed to observe that after having mentioned the testimony of witnesses, the High Court had recorded conclusions in four lines in the most general terms and rejected the appeal that attacked the order of beliefs passed by the court based on Article 302 of the Indian Code sentenced the Petitioner to serve a prison sentence lifetime.
This was observed by Apex court that the applicant’s creature of more than 80 years had been released by the previous order of surrender and was enlarged with a guarantee during the process before the High Court.
The court explained that the applicant would continue with a guarantee in the order of 2020/04/22, but with modifications that he would be asked to report to the police station on the first Monday every month before noon.
Case name: Mehtab Singh Vs State Haryana
No. And Date: Criminal Appeal Number 41 2022 | Jan 6 2022.
Corum: Judge Sanjay Kishan Kaul and M.M. Sundresh
