Title: KRISHAN V STATE OF HARYANA
Citation: CRIMINAL APPEAL NO. 2351 OF 2011
Dated on: 25.1.2024
Corum: HON’BLE JUSTICE ABHAY S. OKA & JUSTICE UJJAL BHUYAN
Facts of the case
In the present case the appellant, (accused) alongside other accused Mahesh, faced charges under Section 302 of the Indian Penal Code (IPC) and Section 25 of the Arms Act. Both were sentenced to life imprisonment for the IPC offense. The conviction, stemmed from the murders of Pawan and Ajju Chaudhary. The incident occurred on January 3, 2004, when Pawan visited Rohini to meet his ailing sister Sushila. Dharmender, Pawan’s brother and the complainant, indicated that Pawan had associations with criminal activities. The next day, on January 4, 2004, Sushila confirmed Pawan’s visit. On January 5, 2004, Dharmender received news of Pawan’s death due to gunshot wounds, and subsequently, the bodies of Pawan and Ajju Chaudhary were discovered, and the accused Kishan and Mahesh were found guilty for the said murder and convicted by the HC.
Legal provision
The accused were convicted u/s 302- punishment for murder and u/s 25 of the arms act which states the punishments for certain offences (possession of arms and ammunition). The said charges on accused were filed since they were suspected of murdering the victims by having illegal possessions of certain arms and ammunition.
Court analysis and judgement
The court determined that the evidence of weapon recovery lacked credibility Additionally, the recovery occurred more than a month after the occurrence, raising concerns about its legitimacy. Furthermore, inconsistencies in witness testimony and procedural flaws weakened the prosecution’s case, casting doubt on the prosecution’s narrative. Consequently, the appellant was cleared of all counts, with the court emphasizing the notion of ‘benefit of the doubt.’ The decision stressed procedural errors and insufficient evidence to prove guilt beyond a reasonable doubt.
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Written by- Namitha Ramesh
