Title: PRADEEP KUMAR V STATE OF HARYANA
Citation: CRIMINAL APPEAL NO. 1338 OF 2010
Dated on: 5.1.2024
Corum: HON’BLE JUSTICE PAMIDIGHANTAM SRI NARASIMHA, J.
Facts of the case
The case is a criminal appeal filed by Pradeep Kumar, who was convicted of murder along with another accused, Sumit Gupta, for the murder of one Samsheer Singh by the trial court and the high court. defendants were convicted of murder under Sections 302 and 34 of the Indian Penal Code, 1860. The trial court condemned them to life in prison with stringent conditions. The appellant later appealed the ruling, and the High Court of Punjab and Haryana maintained the conviction and sentence. The events began on April 11, 2004, while Assistant Sub-Inspector Balbir Singh was on duty in Kaithal. Sunil Kumar Bhura, the complainant and a relative of the deceased, met and claimed that Shamsher Singh, the deceased, had been missing since the previous night. The complainant presented information, indicating that the deceased received a phone call on the night of April 10, 2004, went to Gole Market, and did not return. The complainant, along with Balwant Singh found the deceased’s body the next morning. Statements from witnesses claimed sightings of the accused with dandas on the night of the incident. Subsequently Police recorded extra judicial confession where the accused surrendered on April 2004. Relaying upon the circumstantial evidence the trail court included the statement of the accused to convict him.
Legal provision
The laws invoked in this case are section 302 and section 34 of IPC. Section 302 speaks about the punishment for murder whereas section 34 speaks about the committing of joint criminal liability along with common intention. In this present case the convict Pradeep Kumar and the accused Sumit Gupta caused the death of another person with the common intention of his co-accused. The Supreme Court examined the evidence and the circumstances of the case to determine whether the appellant was guilty of murder or not.
Court Analysis and Judgement
The Supreme Court of India granted Pradeep Kumar’s criminal appeal after he was convicted and sentenced to life in prison for the murder of Shamsher Singh by the trial court and the High Court of Punjab and Haryana the Supreme Court acquitted Pradeep Kumar of all counts, finding the prosecution’s case based on circumstantial evidence to be untrustworthy, implausible, and contradictory. The Supreme Court disregarded the testimony of witnesses who claimed to have last seen Pradeep Kumar with the deceased, citing contradictions, discrepancies, and coincidences. The Supreme Court also questioned Pradeep Kumar’s extrajudicial confession to an ex-sarpanch, calling it dishonest and unbelievable. The SC also observed that the charges, evidence and against the appellant would not match.
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Written by- Namitha Ramesh
