Jalpat Rai & others Vs. State of Haryana
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Head Note
Indian Penal Code,1860 - Section 302 , Section 307 , Section 148 , Section 149 , The Arms Act,1959 - Section 27
Conviction and sentence - Triple murder - Trial Court - Convicted A-2 under section 302 IPC and section 27, Arms Act and sentenced him to suffer life imprisonment while acquitted A-1, A-3, A-4, A-5 and A-6 of all the charges - High Court - Reversed the acquittal order of the trial Court in respect of other accused and also convicted A-1, A-3, A-4, A-5 and A-6 under Section 148 and Section 302 read with Section 149 IPC - Appeals - Whether the High Court was justified in interfering with the order of acquittal passed in favour of the appellants by the trial court - Besides PW-1, PW-4 and PW-8, who are closely related to the three deceased, no other independent witness has been examined although the incident occurred in a busy market area - Ballistic report records unambiguously and unequivocally that the crime bullets and the cartridge cases were fired by the pistol stated to have been recovered from A-2 and no other firearm - Testimony of PW-1, PW-4 and PW-8 about the role of appellants, thus, is not corroborated by medical and ballistic evidence - Supreme Court - Evidence of PW-1, PW-4 and PW-8 lacks in credibility and is not of sterling worth to prove the involvement of A-1, A-3, A-4, A-5 and A-6 in the crime beyond any reasonable doubt - Impugned judgment of the High Court convicting the appellants set aside - Conviction of A-2 confirmed and the judgment of acquittal of the appellants by the trial Court restored.
Topic(s)-Triple murder