Case title: Dharambir @ Dharma v. State of Haryana
Case no.: Criminal Appeal No.1858 of 2009
Order on: 16th April 2024
Quorum: Justice B.R. Gavai and Justice Sandeep Mehta
FACTS OF THE CASE
On June 5, 1998, at around 8:30 a.m., the deceased, Karambir, along with his brother Krishan Kumar and others, went to Prabhat Cinema, Bhiwani. At approximately 11:30 a.m., the accused, Dharambir, who was also present there, stabbed Karambir in the chest, resulting in his death. The motive alleged was Dharambir’s suspicion that Karambir was involved in illicit relations with his wife.
Rohtas Singh, the Inspector/SHO of Police Station City Bhiwani, received information about the incident and initiated the investigation. The accused was arrested, and a chargesheet was filed against him under Section 302 IPC.
During the trial, the prosecution primarily relied on the testimonies of Krishan Kumar, the first informant, and Ram Kumar, who claimed an extra-judicial confession by the accused.
CONTENTIONS OF THE APPELLANT
Dharambir’s counsel argued that Krishan Kumar’s testimony was unreliable due to inconsistencies and contradictions. They pointed out discrepancies in Krishan Kumar’s account of the events, including the timing of the incident and the seating arrangements at the cinema hall.
Additionally, they highlighted that no blood stains were found on Krishan Kumar, raising doubts about his presence at the crime scene. Regarding the extrajudicial confession, they argued that it lacked credibility as it was contradicted by another witness, Piare Lal.
He placed reliance on the judgment rendered by this Court in the case of Pritinder Singh Alias Lovely v. State of Punjab and contended that an extra judicial confession is a very weak piece of evidence and since the testimony of the witness, Ram Kumar, before whom the accused allegedly made the extra judicial confession, has been contradicted by evidence of Piare Lal, there cannot be any justification to rely upon his evidence as well.
CONTENTIONS OF THE RESPONDENTS
The State argued that Krishan Kumar’s testimony was trustworthy as he had no reason to falsely implicate Dharambir. They asserted that Ram Kumar’s testimony corroborated Krishan Kumar’s account, strengthening the prosecution’s case. The State contended that the concurrent findings of the trial court and the High Court supported the conviction and should not be overturned.
LEGAL PROVISIONS
IPC Section 302 prescribes the punishment for murder: “Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.”
ISSUE –
The core issue was the reliability of the prosecution’s key witnesses. The court analyzed the testimonies of Krishan Kumar and Ram Kumar, finding inconsistencies and improbabilities that cast doubt on their credibility. It noted contradictions in their accounts and lack of corroboration.
COURT’S ANALYSIS AND JUDGEMENT
The appellant, Dharambir @ Dharma, was acquitted of the charge of murder under Section 302 of the Indian Penal Code (IPC) by the Supreme Court of India.
Given the weakness of the prosecution’s evidence, especially the unreliable testimonies of the key witnesses, the court concluded that the guilt of the accused was not established beyond reasonable doubt. Consequently, the appellant was acquitted, and the appeal was allowed.
The court acquitted the appellant, Dharambir @ Dharma, of the murder charge, as the prosecution failed to prove his guilt beyond reasonable doubt. The judgments of the trial court and the high court were quashed, and the appellant was acquitted. The appeal was allowed, and the appellant was discharged from bail.
This judgment underscores the importance of reliable evidence and the need for the prosecution to establish guilt beyond reasonable doubt in criminal cases.
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Judgement Reviewed by – Chiraag K A
