Deepak vs State Of Haryana on 15 December, 2022
14. It was further argued that the prosecution had miserably failed
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to attribute any motive to the accused to kill the victim. The evidence as to
hatching of conspiracy was not at all inspiring. There were material
improvements in the statements of PW-2 Shakuntla and PW-3 Sushila
which were not taken into consideration. There was no independent
evidence to the factum of recovery of driving licence, aadhar card etc.
belonging to the victim. No explanation had come forward as to why the
accused would keep belongings of the victim with them. With these broad
arguments, it was submitted that the guilt of the accused Deepak and
Joginder had not been proved beyond doubt and hence it was urged that the
appeals filed by them deserved to be accepted and they deserved to be given
benefit of doubt and were entitled to be acquitted. To fortify their
arguments, learned counsel for the accused have relied upon the authorities
cited as Shri Satish Kumar & another v. State of Himachal Pradesh and
another, AIR 2020 SC 1766; Sanjiv Kumar @ Sanjy v. State of
Haryana, 2019 (1) R.C.R. (Criminal) 969; Ravi Kumar v. State of
Haryana, 2019 (1) R.C.R. (Criminal) 463; Jatinder Singh @ Tota v. State
of Punjab, 2016 (2) R.C.R. (Criminal) 179; Accharjit Singh @ Chhinda
v. State of Punjab, 2012 (1) R.C.R. (Criminal) 418; Rajesh v. State of
Haryana, 2012 (6) R.C.R. (Criminal) 2666; Chet Ram v. State, 2007 (12)
R.C.R. (Criminal) 828; Muthiah v. State, 2017 (170) AIC 788; Panjali
alias Savaridoss vs. The State, 2012 (6) R.C.R. (Criminal) 1388; Kalu
Ram Gurjar and others v. State of Rajasthan, 2017 CriLJ 2109; Kiran
Pal and others v. State of U.P., 2009 (19) R.C.R. (Criminal) 9;
Bhugdomal Gangaram and others v. State of Gujarat, AIR 1983 SC
906; Kalyan Kumar Gogoi v. Ashutosh Agnihotri and another, AIR
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2011 SC 760; Surender v. State, 2009 (6) ILR (Delhi) 549; Ravi Kumar
v. State of Himachal Pradesh, 2015 (35) R.C.R. (Criminal) 239 & Kirtan
Prasad v. State of M.P., 2005 CriLJ 69.