Case Note & Summary
The Supreme Court acquitted Jaswinder Singh @ Shinder Singh in a double murder case from 1999. The appellant was alleged to be the driver of the vehicle used by assailants who murdered two brothers. The Court examined the evidence and found that the prosecution failed to establish the appellant's guilt beyond reasonable doubt. Key witnesses PW-7 and PW-10 had omissions in their police statements, and the appellant was not initially arrayed as an accused. The defense presented evidence showing the appellant was considered innocent during initial investigation. The Court noted animosity between the families and found no direct evidence linking the appellant to the crimes. The conviction by the Trial Court and affirmation by the High Court were set aside.
Headnote
The Supreme Court allowed the criminal appeal and acquitted the appellant Jaswinder Singh @ Shinder Singh -- The Court found insufficient evidence to establish the appellant's involvement in the double murder that occurred on 14.10.1999 -- The prosecution relied on two key eyewitnesses, PW-7 and PW-10, but their testimonies contained fatal omissions -- PW-7's statement to police under Section 161 of Code of Criminal Procedure, 1973 (Cr.P.C.) omitted the appellant's alleged act of dragging the victim -- PW-10's statement was not recorded by police at the first instance -- The appellant was summoned under Section 319 of Cr.P.C. by the Trial Court on 24.08.2000, not arrayed initially -- The defense witness DW-1, a DSP, testified that the appellant was found innocent during initial investigation -- The vehicle allegedly used in the crime was seized but not connected to the appellant -- The Court noted a history of animosity between the families involved -- The conviction was based on vague statements without proper corroboration -- The Court emphasized that the prosecution failed to establish incriminating circumstances against the appellant
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Issue of Consideration: The Issue of whether the prosecution established the guilt of the appellant beyond reasonable doubt in a double murder case
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Final Decision
The criminal appeal was allowed -- The judgment convicting the appellant was set aside -- The appellant was acquitted of all charges -- If in custody, the appellant was to be released forthwith -- If on bail, bail bonds were to be cancelled
