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1 - 4 of 4 (0.36 seconds)Balraj Singh vs State Of Punjab on 11 February, 2009
In Balraj Singh V. State of Punjab 1976 Cri.L.J. 1471
(DB) (Punj.), it was held that "the guilt of accused is to be
established by the prosecution beyond the possibility of any
reasonable doubt on the basis of legal evidence and material on the
record. Even if, there may be an element of truth in the prosecution
story against the accused and considered as a whole the prosecution
may be true but between 'may be true' and 'must be true', there is
invariably a long distance to travel and the whole of this distance
must be covered by the prosecution by legal, reliable and
unimpeachable evidence before an accused can be convicted."
30 In the present case, there are various infirmities and pitfalls
in the testimonies of PWs. After going through the testimony of
witnesses, I am of the considered view that prosecution has miserably
failed to prove that PW Monu suffered injury on his head with the iron
pipe Ex. P-1, which was allegedly used by accused Veer Singh and
that it were accused persons, who caused injury to him on the relevant
day. I am of the considered view that prosecution has miserably failed
to prove that on 14.05.08 at about 9:30 PM, all accused in furtherance
of their common intention caused injury to Monu with such intention
or knowledge and under such circumstances that if they had caused the
death of Monu, they would have been guilty of culpable homicide not
Sessions Case No. 11/11 Page 14/15
15
amounting to murder.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
1