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Supreme Court - Daily Orders

The State Of Punjab vs Mehar Singh @ Mehma Singh on 28 November, 2019

Bench: Mohan M. Shantanagoudar, R. Subhash Reddy

      ITEM NO.102                             COURT NO.12                   SECTION II-B

                                 S U P R E M E C O U R T O F I N D I A
                                           RECORD OF PROCEEDINGS

                                  Criminal Appeal    No(s).     1077-1078/2011

      THE STATE OF PUNJAB                                                  Appellant(s)

                                                     VERSUS

      MEHAR SINGH @ MEHMA SINGH                                            Respondent(s)


      (IA No. 122252/2018 - EXEMPTION FROM FILING O.T. IA No. 122251/2018
      - ISSUE OF BAILABLE WARRANT OF ARREST)

      Date : 28-11-2019 These matters were called on for hearing today.

      CORAM :                HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                             HON'BLE MR. JUSTICE R. SUBHASH REDDY

      For Appellant(s)                 Mr. Robin Singh Rathore, Adv.
                                       Ms. Jaspreet Gogia, AOR (NP)

      For Respondent(s)


                         UPON hearing the counsel the Court made the following

                                                    O R D E R

The appeals are dismissed in terms of the signed order.




      (GULSHAN KUMAR ARORA)                                             (R.S. NARAYANAN)
           COURT MASTER                                                    COURT MASTER

(Signed order is placed on the file) Signature Not Verified Digitally signed by GULSHAN KUMAR ARORA Date: 2019.12.05 11:09:53 IST Reason: IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1077-1078 OF 2011 THE STATE OF PUNJAB … Appellant(s) VERSUS MEHAR SINGH @ MEHMASINGH … Respondent(s) O R D E R The High Court on evaluating the evidence, more particularly, the depositions of Balwinder Kaur (PW-4) and Tarsem Singh (PW-5), the so called eye witnesses, and on facts, concluded that the eye- witnesses are unreliable as their evidence not only contradicts inter se but also contradicts the medical evidence. On going through the material on record, we do not find any ground to interfere in the judgment of acquittal passed by the High Court inasmuch as the view taken by the High Court is one of the possible views.

Hence, no interference is called for. The appeals are, accordingly, dismissed.

……………………………………………………………………,J. (Mohan M. Shantanagoudar) ……………………………………………………………………,J. (R. Subhash Reddy) New Delhi;

November 28, 2019.