CRA-D-180-DB-2006 (O&M) IN THE HIGH COURT Heera Lal Yadav State of Punjab CORAM: Present: GURVINDER SINGH GILL, J. 1. Heera Lal Yadav Sessions Judge, guilty of having committed offence under Section him to undergo imprisonment for life and also to pay a fine amounting to Rs.5000/-. 2. The matter arises out of FIR No. Station Goraya Gurdeep Singh the basis of which FIR was lodged “I am resident of Village G Today i.e. to the fields to answer the call of nature, I saw blood When I looked (O&M) ( 1 ) IN THE HIGH COURT FOR THE STATES AT CHANDIGARH CRA Date of Decision: Yadav Versus Punjab HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Mr. Prince Goyal, Advocate, Legal Aid Counsel for the appellant. Mr. Harkanwar Jeet Singh, AAG, Punjab. GURVINDER SINGH GILL, J. Lal Yadav assails judgment dated Sessions Judge, Jalandhar, vide which the trial Court while holding him of having committed offence under Section to undergo imprisonment for life and also to pay a fine amounting to matter arises out of FIR No.148 dated 2 Goraya, under Section 302, 201 IPC (Ex.P Singh. The translated gist of Gurdeep the basis of which FIR was lodged reads as under: I am resident of Village Ghurka, Police Station Goraya and into cultivation. Today i.e. 20.10.2003, at about 8.00 AM, when I had gone out of my house to the fields to answer the call of nature, I saw blood When I looked towards my paddy and sugarcane fields, I FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CRA-D-180-DB-2006 (O&M) ate of Decision: 14.5.2025 … Appellant ... Respondent HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Prince Goyal, Advocate, Legal Aid Counsel Jeet Singh, AAG, Punjab. judgment dated 09.01.2006 passed by learned the trial Court while holding him of having committed offence under Section 302 IPC, has sentenced to undergo imprisonment for life and also to pay a fine amounting to dated 20.10.2003 registered at Police IPC (Ex.PD/2), at the instance of Gurdeep Singh’s statement (Ex.PD) as under: urka, Police Station Goraya and into cultivation. 20.10.2003, at about 8.00 AM, when I had gone out of my house to the fields to answer the call of nature, I saw blood spilled on the road. my paddy and sugarcane fields, I saw dead body of learned the trial Court while holding him has sentenced to undergo imprisonment for life and also to pay a fine amounting to registered at Police , at the instance of on urka, Police Station Goraya and into cultivation. 20.10.2003, at about 8.00 AM, when I had gone out of my house on the road. saw dead body of VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) an unknown person, aged about 20 murdered with sharp edged weapon and black pant having a slim and active body about 5’ unidentified per grudge. I was Ex-Sarpanch and Amarjit Singh at the spot, when you met me. I got my statement recorded. Action be taken. Sd/ 3. The aforesaid statement (Ex.PD) was recorded by SI/SHO when he alongwith other police officials w Goraya and had met Gurdeep Singh. statement, a SI Satinder Kumar alongwith other police officials proceeded to the spot where inquest proceedings were conducted. The dead body was sent to the hospital for post place of occurrence and was prepared into a parcel, which was duly sealed and taken into possession vide recovery memo Ex.PM found lying at the place of occurrence were also taken into possession vide recovery memo Ex.PN. Rough site plan of the place of occurrence was also prepared. Statements of the witnesses were recorded in terms of Section 161 Cr.P.C. 4. It is the case of prosecution that on statements of Tarun carrying blood stained knife accused had met him and confessed his guilt. The identification of the dead body was established on deceased, identified the photographs of the dead body while stating that the (O&M) ( 2 ) an unknown person, aged about 20/ murdered with sharp edged weapon. He and black pant. He was a clean shaven wheatish complexion having a slim and active body about 5’ unidentified person had murdered this unknown person on account of some grudge. I was proceeding to inform the police after leaving Gurnam Singh, Sarpanch and Amarjit Singh at the spot, when you met me. I got my statement recorded. Action be taken. Sd/ The aforesaid statement (Ex.PD) was recorded by SI/SHO when he alongwith other police officials was and had met Gurdeep Singh. Pursuant to reco a ruqa was sent to the police station for lodging FIR SI Satinder Kumar alongwith other police officials proceeded to the spot where inquest proceedings were conducted. The dead body was sent to the hospital for post-mortem examination. Blood stained place of occurrence and was prepared into a parcel, which was duly sealed and taken into possession vide recovery memo Ex.PM found lying at the place of occurrence were also taken into possession vide ry memo Ex.PN. Rough site plan of the place of occurrence was also prepared. Statements of the witnesses were recorded in terms of Section 161 It is the case of prosecution that on 22.10.2003, the police recorded the statements of Tarun Kumar, who claimed that he had seen the accused carrying blood stained knife and of Vijay Kumar, accused had met him and confessed his guilt. The identification of the dead body was established on 24.10.2003 when Sia Ram Yadav, broth deceased, identified the photographs of the dead body while stating that the /25 years, who had been brutally . He was wearing a red coloured T-shirt clean shaven wheatish complexioned person having a slim and active body about 5’-5” in height. It appears that some son had murdered this unknown person on account of some proceeding to inform the police after leaving Gurnam Singh, Sarpanch and Amarjit Singh at the spot, when you met me. I got my statement recorded. Action be taken. Sd/- Gurdeep Singh.” The aforesaid statement (Ex.PD) was recorded by SI/SHO Satinder Kumar as patrolling in the area of Village Pursuant to recording of aforesaid sent to the police station for lodging FIR. Thereafter, SI Satinder Kumar alongwith other police officials proceeded to the spot where inquest proceedings were conducted. The dead body was sent to the mortem examination. Blood stained soil was lifted from the place of occurrence and was prepared into a parcel, which was duly sealed and taken into possession vide recovery memo Ex.PM. Two pairs of slippers found lying at the place of occurrence were also taken into possession vide ry memo Ex.PN. Rough site plan of the place of occurrence was also prepared. Statements of the witnesses were recorded in terms of Section 161 22.10.2003, the police recorded the , who claimed that he had seen the accused Vijay Kumar, who claimed that the accused had met him and confessed his guilt. The identification of the dead 24.10.2003 when Sia Ram Yadav, brother of the deceased, identified the photographs of the dead body while stating that the brutally shirt person 5” in height. It appears that some son had murdered this unknown person on account of some proceeding to inform the police after leaving Gurnam Singh, Sarpanch and Amarjit Singh at the spot, when you met me. I got my Satinder Kumar, patrolling in the area of Village ding of aforesaid . Thereafter, SI Satinder Kumar alongwith other police officials proceeded to the spot where inquest proceedings were conducted. The dead body was sent to the soil was lifted from the place of occurrence and was prepared into a parcel, which was duly sealed ippers found lying at the place of occurrence were also taken into possession vide ry memo Ex.PN. Rough site plan of the place of occurrence was also prepared. Statements of the witnesses were recorded in terms of Section 161 22.10.2003, the police recorded the , who claimed that he had seen the accused the accused had met him and confessed his guilt. The identification of the dead er of the deceased, identified the photographs of the dead body while stating that the VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) same were of that on 25.10.2003, Vijay Kumar produced the accused before SI Satinder Kum Heera Lal Yadav disclosed that he had kept a knife concealed near the bridge of canal minor in the area of Village Ghurka. Pursuant to the said disclosure statement (Ex.PQ), the accused is stated to have g the disclosed place Ex.PQ/2. 5. Upon conclusion of investigation, challan on 04.12.2003 Phillaur, who committed the case to the Court of Sessions vide order dated 16.12.2003. L accused on to which he pleaded 6. The prosecution in order to establish its case examined as many as The gist of their testimonies is PW-1 MHC Jaswinder Singh stated that on MHC, P.S. Goraya and that on the said day, deposited with him soil, clothes and slippers. He stated that containing knife was als he sent all the Balwinder Pal Singh possession, the same were not tampered with. PW-2 HC Pargat SI/SHO Satinder Kumar for investigation of the present case and that he had taken the dead body to the hospital for the purpose of post (O&M) ( 3 ) same were of his brother Sunder Yadav. It is further the case of prosecution 25.10.2003, Vijay Kumar produced the accused before SI Satinder Kumar and was arrested. Lal Yadav disclosed that he had kept a knife concealed near the bridge minor in the area of Village Ghurka. Pursuant to the said disclosure statement (Ex.PQ), the accused is stated to have g the disclosed place, which was taken into possession vide recovery memo Upon conclusion of investigation, challan was presented against 04.12.2003 in the Court of learned Sub Divisional , who committed the case to the Court of Sessions vide order dated . Learned Sessions Judge, Jalandhar on 13.01.2004 for offence punishable under Section to which he pleaded not guilty and claimed trial The prosecution in order to establish its case examined as many as The gist of their testimonies is being briefly referred to herein MHC Jaswinder Singh stated that on MHC, P.S. Goraya and that on the said day, deposited with him separate sealed parcels containing soil, clothes and slippers. He stated that containing knife was also deposited with him and that on he sent all the parcels to the Chemical Examiner through Constable Balwinder Pal Singh and that as long as the parcels remained in his possession, the same were not tampered with. HC Pargat Singh stated that on 20.10.2003 SI/SHO Satinder Kumar for investigation of the present case and that he had taken the dead body to the hospital for the purpose of post . It is further the case of prosecution 25.10.2003, Vijay Kumar produced the accused Heera Lal Yadav and was arrested. Upon interrogation, accused Lal Yadav disclosed that he had kept a knife concealed near the bridge minor in the area of Village Ghurka. Pursuant to the said disclosure statement (Ex.PQ), the accused is stated to have got the knife recovered from , which was taken into possession vide recovery memo was presented against the accused Sub Divisional Judicial Magistrate, , who committed the case to the Court of Sessions vide order dated Jalandhar framed charges against the punishable under Sections 302, 201 IPC not guilty and claimed trial. The prosecution in order to establish its case examined as many as 12 PWs being briefly referred to herein under:- MHC Jaswinder Singh stated that on 20.10.2003, he was posted as MHC, P.S. Goraya and that on the said day, SI/SHO Satinder Kumar sealed parcels containing blood stained soil, clothes and slippers. He stated that on 25.10.2003, one parcel o deposited with him and that on 06.11.2003, parcels to the Chemical Examiner through Constable and that as long as the parcels remained in his possession, the same were not tampered with. 20.10.2003, he was associated with SI/SHO Satinder Kumar for investigation of the present case and that he had taken the dead body to the hospital for the purpose of post . It is further the case of prosecution Lal Yadav Upon interrogation, accused Lal Yadav disclosed that he had kept a knife concealed near the bridge minor in the area of Village Ghurka. Pursuant to the said disclosure ot the knife recovered from , which was taken into possession vide recovery memo the accused Magistrate, , who committed the case to the Court of Sessions vide order dated framed charges against the IPC, PWs. 20.10.2003, he was posted as SI/SHO Satinder Kumar blood stained on 25.10.2003, one parcel 06.11.2003, parcels to the Chemical Examiner through Constable and that as long as the parcels remained in his , he was associated with SI/SHO Satinder Kumar for investigation of the present case and that he had taken the dead body to the hospital for the purpose of post- VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) mortem examination and that the doctor after conducting the pos mortem examination had handed over to him the clothes of the deceased, which he further handed over to the PW-3 Gurnam Singh inquest proceedings, stated with regard to the same a statement PW-4 Gurdeep Singh (complainant) AM, when he had gone to ground and he followed the blood trail which led to fields where an unidentified dead body was found lying injuries inflicted with some sharp edged weapon. He further stated that he left Gurnam Singh at the spot and proceeded to the police station and while on the way, he met the polic Ex.PD recorded. PW-5 Surinder Kumar, who had taken photographs of the dead body, proved the same as Ex.P1 to Ex.P16 PW-6 Sia Ram Yadav 19.10.2003, Sunder Yadav (deceased) about 8 after meeting him, both of them had returned back to village Pasla. He stated that later in the evening shop, but was not accompanied by his brother Sunder Yadav and when he enquired about him, then Sham Yadav disclosed that Sunder Yadav had been stopped by that on searching for his brother Sunder Yadav, they enquired about his brother, that Sunder Yadav and that Sunder Yadav ha stated that when he and Parmod Yadav (O&M) ( 4 ) mortem examination and that the doctor after conducting the pos mortem examination had handed over to him the clothes of the deceased, which he further handed over to the Gurnam Singh, who had been associated by the police at the time of inquest proceedings, stated with regard to the same a statement was also recorded by the police. Gurdeep Singh (complainant) stated that on AM, when he had gone to his fields, ground and he followed the blood trail which led to fields where an unidentified dead body was found lying injuries inflicted with some sharp edged weapon. He further stated that he left Gurnam Singh at the spot and proceeded to the police station and while on the way, he met the polic Ex.PD recorded. Surinder Kumar, who had taken photographs of the dead body, proved the same as Ex.P1 to Ex.P8 and negatives thereof as Ex.P9 to Ex.P16. Sia Ram Yadav, brother of deceased Sunder Yadav, stated that 19.10.2003, Sunder Yadav (deceased) about 8-9 AM and was accompanied by Sham Kumar Yadav and after meeting him, both of them had returned back to village Pasla. He stated that later in the evening shop, but was not accompanied by his brother Sunder Yadav and when he enquired about him, then Sham Yadav disclosed that Sunder Yadav had been stopped by Heera that on 24.10.2003, when he alongwith his cousin searching for his brother Sunder Yadav, they enquired about his brother, Heera that Heera Lal told him that he had Sunder Yadav and that Sunder Yadav ha stated that when he and Parmod Yadav mortem examination and that the doctor after conducting the pos mortem examination had handed over to him the clothes of the deceased, which he further handed over to the SHO Satinder Kumar. , who had been associated by the police at the time of inquest proceedings, stated with regard to the same and stated that his was also recorded by the police. stated that on 20.10.2003 at about 7.30 fields, he noticed blood lying on the ground and he followed the blood trail which led to the sugarcane fields where an unidentified dead body was found lying having injuries inflicted with some sharp edged weapon. He further stated that he left Gurnam Singh at the spot and proceeded to the police station and while on the way, he met the police and got his statement Surinder Kumar, who had taken photographs of the dead body, P8 and negatives thereof as Ex.P9 to , brother of deceased Sunder Yadav, stated that 19.10.2003, Sunder Yadav (deceased) had come to his sweet shop at 9 AM and was accompanied by Sham Kumar Yadav and after meeting him, both of them had returned back to village Pasla. He stated that later in the evening, Sham Yadav again came to his shop, but was not accompanied by his brother Sunder Yadav and when he enquired about him, then Sham Yadav disclosed that Sunder Heera Lal Yadav. PW-6 further stated alongwith his cousin Parmod Yadav was searching for his brother Sunder Yadav, they met Heera Lal and when Heera Lal got nervous. PW-6 stated Lal told him that he had given an amount of Rs.5/- Sunder Yadav and that Sunder Yadav had boarded a train. He further stated that when he and Parmod Yadav were returning back, then they mortem examination and that the doctor after conducting the post- mortem examination had handed over to him the clothes of the SHO Satinder Kumar. , who had been associated by the police at the time of nd stated that his 20.10.2003 at about 7.30 he noticed blood lying on the the sugarcane having injuries inflicted with some sharp edged weapon. He further stated that he left Gurnam Singh at the spot and proceeded to the police e and got his statement Surinder Kumar, who had taken photographs of the dead body, P8 and negatives thereof as Ex.P9 to on hop at 9 AM and was accompanied by Sham Kumar Yadav and after meeting him, both of them had returned back to village Pasla. came to his shop, but was not accompanied by his brother Sunder Yadav and when he enquired about him, then Sham Yadav disclosed that Sunder further stated was when 6 stated to d boarded a train. He further were returning back, then they VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) met some police officials, who showed them 3/4 photographs, which he identified as that of his brother Sunder Yadav. PW-7 Sham Yadav (deceased) they were returning back to Goraya, then Village Sang Dhesian and stopped Sunder Yadav and told him (PW PW accordingly he went back to was working return back after the police had shown photographs of a dead body, which he had identified as that of Sunder Yadav. PW-8 Constable Balwinder Pal evidence his MHC containing knife Chandigarh and that on the the same in the said office and that as long as the parcels remained in his possession, the same were not tampered with PW-9 Tarun Kum when he was going on a scooter from village Ghurka to then he saw a person running towards him and he stopped his scooter and the said person was carrying a blood stained hand. He knew the said person to be some enquiries from and that on the next day, murdered near that place. He suspected that had committed PW-10 Dr. Hari Singh, Sahib (O&M) ( 5 ) met some police officials, who showed them 3/4 photographs, which he identified as that of his brother Sunder Yadav. Sham Yadav stated that on 19.10.2003, he alongwith (deceased) had gone to the village Pasla they were returning back to Goraya, then Village Sang Dhesian and stopped Sunder Yadav and told him (PW-7) to go and that he will send Sunder Yadav later on PW-7 stated that even Sunder Yadav accordingly he went back to the sweet was working. He further stated that Sunder Yadav, however, did return back after the said day i.e. 19.10.2003 and that on the police had shown photographs of a dead body, which he had identified as that of Sunder Yadav. Constable Balwinder Pal, who is a formal witness, tendered into evidence his affidavit Ex.PG, wherein he deposed that on 05.11.2003, MHC Jaswinder Singh had handed over to him containing clothes of dead body, blood stained soil and blood stained knife for depositing the same in the office of FSL, Punjab, Chandigarh and that on the same day the same in the said office and that as long as the parcels remained in his possession, the same were not tampered with Tarun Kumar stated that on the night intervening when he was going on a scooter from village Ghurka to then he saw a person running towards him and he stopped his scooter and the said person was carrying a blood stained hand. He knew the said person to be some enquiries from Heera Lal, he fled away towards village and that on the next day, he came to know that a person had been murdered near that place. He suspected that had committed that murder. Dr. Hari Singh, Medical Officer, Government Rural Hospital, M Sahib, who had conducted post-mortem examination on the dead met some police officials, who showed them 3/4 photographs, which he identified as that of his brother Sunder Yadav. 19.10.2003, he alongwith Sunder Yadav had gone to the village Pasla in search of work and when they were returning back to Goraya, then Heera Lal met them in Village Sang Dhesian and stopped Sunder Yadav and that Heera Lal 7) to go and that he will send Sunder Yadav later on even Sunder Yadav told him to go and that weet shop where Sia Ram Yadav He further stated that Sunder Yadav, however, did not 19.10.2003 and that on 24.10.2003, the police had shown photographs of a dead body, which he had identified as that of Sunder Yadav. , who is a formal witness, tendered into affidavit Ex.PG, wherein he deposed that on 05.11.2003, had handed over to him three separate parcel clothes of dead body, blood stained soil and blood stained for depositing the same in the office of FSL, Punjab, same day i.e. 05.11.2003, he deposited the same in the said office and that as long as the parcels remained in his possession, the same were not tampered with. stated that on the night intervening 19/20.10.2003, when he was going on a scooter from village Ghurka to Surjan Pind, then he saw a person running towards him and he stopped his scooter and the said person was carrying a blood stained Karad (knife) in his hand. He knew the said person to be Heera Lal and when he made Lal, he fled away towards village Ghurka he came to know that a person had been murdered near that place. He suspected that it was Heera Lal, who Medical Officer, Government Rural Hospital, M mortem examination on the dead met some police officials, who showed them 3/4 photographs, which under Yadav work and when met them in Lal 7) to go and that he will send Sunder Yadav later on. and that hop where Sia Ram Yadav not 24.10.2003, the police had shown photographs of a dead body, which he had , who is a formal witness, tendered into affidavit Ex.PG, wherein he deposed that on 05.11.2003, parcels clothes of dead body, blood stained soil and blood stained for depositing the same in the office of FSL, Punjab, , he deposited the same in the said office and that as long as the parcels remained in 19/20.10.2003, urjan Pind, then he saw a person running towards him and he stopped his scooter in his hen he made hurka he came to know that a person had been , who Medical Officer, Government Rural Hospital, Mau mortem examination on the dead VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) body of as Ex.P due to cardio ordinary course of nature. PW-11 Nanju Ram, Patwari the same as Ex.PL. PW-12 SI Satinder Kumar case, stated by him proved various documents/memos prepared during the course of investigation. 7. Upon closure of the prosecution evidence, statement of recorded in terms of Section 313 Cr.P.C., wherein prosecution lead any evidence in his defence. 8. The learned trial Court, upon appraisal of evidence brought on record, held that the evidence led by the prosec against the accused and consequently, offence under Section 302 IPC for life vide impugned judgment. 9. Learned counsel for the submitted that evidence and that the evidence collected by the police is grossly insufficient to establish the charges framed against the accused. It has been submitted that the prosecution mainly who had allegedly seen the accused running away while carrying a knife in (O&M) ( 6 ) body of Sunder Yadav on 20.10.2003 as Ex.PH. He stated that as per his opinion the cause of death was due to multiple injuries leading to massive cardio-pulmonary arrest, which w ordinary course of nature. Nanju Ram, Patwari, who had prepared the scale the same as Ex.PL. SI Satinder Kumar, who is the Investigating Officer of the present case, stated in detail in respect of the entire by him right from lodging of FIR up proved various documents/memos prepared during the course of investigation. Upon closure of the prosecution evidence, statement of recorded in terms of Section 313 Cr.P.C., wherein prosecution and pleaded false implication. lead any evidence in his defence. The learned trial Court, upon appraisal of evidence brought on record, held that the evidence led by the prosecution established the charges fr against the accused and consequently, held him guilty for having committed offence under Section 302 IPC and sentenced him to undergo vide impugned judgment. Learned counsel for the appellant, while assailing the submitted that it is a case of blind murder based totally on circumstantial evidence and that the evidence collected by the police is grossly insufficient to establish the charges framed against the accused. It has been submitted that the prosecution mainly relies upon the testimony of who had allegedly seen the accused running away while carrying a knife in 20.10.2003, proved the post-mortem report . He stated that as per his opinion the cause of death was massive hemorrhage and shock and which were sufficient to cause death in prepared the scaled site plan, proved who is the Investigating Officer of the present in detail in respect of the entire investigation conducted upto the filing of challan. He also proved various documents/memos prepared during the course of Upon closure of the prosecution evidence, statement of the accused was recorded in terms of Section 313 Cr.P.C., wherein he denied the entire case false implication. The accused, however, did not The learned trial Court, upon appraisal of evidence brought on record, held tion established the charges framed held him guilty for having committed and sentenced him to undergo imprisonment , while assailing the impugned judgment, it is a case of blind murder based totally on circumstantial evidence and that the evidence collected by the police is grossly insufficient to establish the charges framed against the accused. It has been submitted the testimony of PW-9 Tarun Kumar who had allegedly seen the accused running away while carrying a knife in mortem report . He stated that as per his opinion the cause of death was shock and sufficient to cause death in site plan, proved who is the Investigating Officer of the present investigation conducted challan. He also proved various documents/memos prepared during the course of was entire case of The accused, however, did not The learned trial Court, upon appraisal of evidence brought on record, held amed held him guilty for having committed imprisonment judgment, it is a case of blind murder based totally on circumstantial evidence and that the evidence collected by the police is grossly insufficient to establish the charges framed against the accused. It has been submitted 9 Tarun Kumar, who had allegedly seen the accused running away while carrying a knife in VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) his hand and that apart from the said evidence, there is nothing else to connect the accused with the alleged murder. submitted that the impugned judgment could not sustain and aside. 10. Opposing the the accused was seen carrying a blood stained knife from where the further been submitted that the factum of recovery of blood stained knife at the instance of accused which as per the report of FSL was found to be stained with human blood, there is no manner of d who had murdered the deceased with the help of knife, which was got recovered by him. 11. We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the rec 12. It is apposite to first of all refer to the prosecution PW-10 Dr. Hari dead body of Sunder Yadav body as under: “1. Incised wound 3.5 Underlying bone was fractured. 2. Incised wound 7 cm x 3 cm present over the left side of neck at the level of angle of the mouth. 3. Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just below the injury no.2. the same line. (O&M) ( 7 ) his hand and that apart from the said evidence, there is nothing else to connect the accused with the alleged murder. ted that the impugned judgment could not sustain and Opposing the appeal, learned State counsel submitted that the accused was seen carrying a blood stained knife from where the dead body came to be recovered shortly thereafter further been submitted that the factum of recovery of blood stained knife at the instance of accused which as per the report of FSL was found to be stained with human blood, there is no manner of d who had murdered the deceased with the help of knife, which was got recovered by him. We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the rec t is apposite to first of all refer to the prosecution with regard to the alleged homicidal death of Sunder Yadav. 10 Dr. Hari Singh, who had conducted post dead body of Sunder Yadav, has described the injuries found on the dead body as under: Incised wound 3.5 cm x 1.5 cm present in the occipital Underlying bone was fractured. Incised wound 7 cm x 3 cm present over the left side of neck at the level of angle of the mouth. Underlying muscles, nerves and ves Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just below the injury no.2. All the muscles, nerves and great vessels were cut in the same line. his hand and that apart from the said evidence, there is nothing else to connect the accused with the alleged murder. Learned counsel, thus, ted that the impugned judgment could not sustain and is liable to be set appeal, learned State counsel submitted that it is a case where the accused was seen carrying a blood stained knife from near that very place dead body came to be recovered shortly thereafter It has further been submitted that the factum of recovery of blood stained knife at the instance of accused which as per the report of FSL was found to be stained with human blood, there is no manner of doubt that it is the accused, who had murdered the deceased with the help of knife, which was got We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the case. t is apposite to first of all refer to the medical evidence led by the with regard to the alleged homicidal death of Sunder Yadav. Singh, who had conducted post-mortem examination on the has described the injuries found on the dead cm x 1.5 cm present in the occipital region of skull. Incised wound 7 cm x 3 cm present over the left side of neck at the level of muscles, nerves and vessels were cut. Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just he muscles, nerves and great vessels were cut in his hand and that apart from the said evidence, there is nothing else to Learned counsel, thus, is liable to be set it is a case where that very place It has further been submitted that the factum of recovery of blood stained knife at the instance of accused which as per the report of FSL was found to be oubt that it is the accused, who had murdered the deceased with the help of knife, which was got We have considered rival submissions addressed before this Court and with medical evidence led by the with regard to the alleged homicidal death of Sunder Yadav. mortem examination on the has described the injuries found on the dead region of skull. Incised wound 7 cm x 3 cm present over the left side of neck at the level of Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just he muscles, nerves and great vessels were cut in VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) 4. Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the mouth. Underlying muscles, vessels and jaw bone were cut (fractured). 5. Incised wound 1.5 cm x 1 cm at the right p 6. Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed horizontally. All the muscles, vessels and underline bones were cut in the same line. 7. Multiple small incised wounds were present on the right upper arm. 13. PW-10 Dr. multiple injuries pulmonary arrest same are in the nature of incised wounds on vari head, neck, face and ear, which could have been possibly inflicted with a sharp edged knife, as was recovered in the present case at the instance of the accused. As such, this Court has no hesitation in holding that it is a cas homicidal death, wherein sharp edged weapon. 14. Admittedly, it is a case wherein there is no the prosecution banks upon the circumstantial evidence. It goes without saying that offence can However, in such an eventuality, the prosecution is expected and every link in the chain of circumstantial evidence by leading convincing evidence. In this context, reported as 343, wherein it was held as follows: "10. It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn (O&M) ( 8 ) Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the mouth. Underlying muscles, vessels and jaw bone were cut (fractured). Incised wound 1.5 cm x 1 cm at the right p Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed horizontally. All the muscles, vessels and underline bones were cut in the same line. Multiple small incised wounds were present on the right upper arm. Hari Singh opined that the cause of death was on account of injuries, which led to massive hemorrhage pulmonary arrest. A perusal of the description of injuries shows that the same are in the nature of incised wounds on vari head, neck, face and ear, which could have been possibly inflicted with a sharp edged knife, as was recovered in the present case at the instance of the accused. As such, this Court has no hesitation in holding that it is a cas homicidal death, wherein the deceased had been inflicted injuries with a sharp edged weapon. Admittedly, it is a case wherein there is no the prosecution banks upon the circumstantial evidence. It goes without saying that even in case there is no eye-witness, charges in respect of an offence can well be established on the basis of circumstantial evidence. However, in such an eventuality, the prosecution is expected and every link in the chain of circumstantial evidence by leading convincing evidence. In this context, reference may be made to a case reported as Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court wherein it was held as follows: It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the mouth. Underlying muscles, vessels and jaw bone were cut (fractured). Incised wound 1.5 cm x 1 cm at the right pinna of ear. Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed horizontally. All the muscles, vessels and underline bones were cut in the Multiple small incised wounds were present on the right upper arm.” opined that the cause of death was on account of , which led to massive hemorrhage, shock and cardio . A perusal of the description of injuries shows that the same are in the nature of incised wounds on various parts of body including head, neck, face and ear, which could have been possibly inflicted with a sharp edged knife, as was recovered in the present case at the instance of the accused. As such, this Court has no hesitation in holding that it is a case of the deceased had been inflicted injuries with a Admittedly, it is a case wherein there is no eye-witness to the occurrence and the prosecution banks upon the circumstantial evidence. It goes without witness, charges in respect of an be established on the basis of circumstantial evidence. However, in such an eventuality, the prosecution is expected to establish each and every link in the chain of circumstantial evidence by leading cogent and reference may be made to a case of Madhya Pradesh, AIR 1952 Supreme Court It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed horizontally. All the muscles, vessels and underline bones were cut in the opined that the cause of death was on account of shock and cardio- . A perusal of the description of injuries shows that the ous parts of body including head, neck, face and ear, which could have been possibly inflicted with a sharp edged knife, as was recovered in the present case at the instance of the e of the deceased had been inflicted injuries with a witness to the occurrence and the prosecution banks upon the circumstantial evidence. It goes without witness, charges in respect of an be established on the basis of circumstantial evidence. to establish each cogent and reference may be made to a case of Madhya Pradesh, AIR 1952 Supreme Court It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) should in the should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude ev proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that with probability the act must have been done by the accused." 15. The aforesaid principles have consistently been followed and have been affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble Apex Court reiterated the afores 12, Vishwajeet Kerba Masalkar v. State of Maharashtra “20. The law with regard to conviction on the basis of circumstantial evidence has very well been crystalised in the judgment of t Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC 121 "152. Before discussing the cases relied upon by the High Court we would like (O&M) ( 9 ) should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that with probability the act must have been done by the accused." The aforesaid principles have consistently been followed and have been affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble Apex Court reiterated the aforesaid position of law in 12, Vishwajeet Kerba Masalkar v. State of Maharashtra The law with regard to conviction on the basis of circumstantial evidence has very well been crystalised in the judgment of t Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC 121, wherein this Court held thus: "152. Before discussing the cases relied upon by the High Court we would like to cite a few decisions on the nature, character and essential proof required in a criminal case which rests on circumstantial evidence alone. The most fundamental and basic deci State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129]. This case has been uniformly followed and applied by this Court in a large number of later decisions up for instance, the cases of Tufail (Alias) Simmi v. State of Uttar Pradesh [(1969) 3 SCC 198 : 1970 SCC (Cri) 55] Maharashtra [(1972) 4 SCC 625 : AIR 1972 SC 656] to extract what Mahajan, J. has laid down in Hanumant case [(1952 SCC 71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129] : "It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and ery hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused." The aforesaid principles have consistently been followed and have been affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble aid position of law in 2025(1) RCR(Criminal) 12, Vishwajeet Kerba Masalkar v. State of Maharashtra, while stating as under: The law with regard to conviction on the basis of circumstantial evidence has very well been crystalised in the judgment of this Court in the case of Sharad Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC "152. Before discussing the cases relied upon by the High Court we would like to cite a few decisions on the nature, character and essential proof required in a criminal case which rests on circumstantial evidence alone. The most fundamental and basic decision of this Court is Hanumant v. State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952 . This case has been uniformly followed and applied by this Court in a large number of later decisions up-to-date, Tufail (Alias) Simmi v. State of Uttar Pradesh [(1969) 3 SCC 198 : 1970 SCC (Cri) 55] and Ramgopal v. State of Maharashtra [(1972) 4 SCC 625 : AIR 1972 SC 656]. It may be useful to extract what Mahajan, J. has laid down in Hanumant case [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129] : "It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and ery hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the in all human The aforesaid principles have consistently been followed and have been affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble 2025(1) RCR(Criminal) , while stating as under: The law with regard to conviction on the basis of circumstantial evidence has Sharad Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC "152. Before discussing the cases relied upon by the High Court we would like to cite a few decisions on the nature, character and essential proof required in a criminal case which rests on circumstantial evidence alone. Hanumant v. State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952 . This case has been uniformly followed date, Tufail (Alias) Simmi v. State of Uttar Pradesh Ramgopal v. State of . It may be useful ) 2 "It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be the one proposed to be VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) 153. 154. (O&M) ( 10 ) proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human proba by the accused." 153. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established: (1) the circumstances from which th should be fully established. It may be noted here that this Court indicated that the circumstances concerned "must or should" and not "may be" established. There is not only a grammatical but a legal distinction between "may be proved" and "must be or should be proved" as was held by this Court in State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 : 1973 Crl LJ 1783] where the observations were made: [SCC para 19, p. 807: SCC (Cri) p. 1047] "Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between `may be' and `must be' is long and divides vague conjectures from sure conclusions." (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive natu (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 154. These five golden principles, if we may say so, constitute the of the proof of a case based on circumstantial evidence." proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said the circumstances from which the conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned "must or should" and not "may be" established. There is not only a grammatical but a legal "may be proved" and "must be or should be proved" as was held by this Court in Shivaji Sahabrao Bobade v. State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 : where the observations were made: [SCC para 19, "Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between `may be' and `must be' is long and divides vague conjectures from sure conclusions." facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, the circumstances should be of a conclusive nature and tendency, they should exclude every possible hypothesis except the one to be there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of d must show that in all human probability the act must have been done by the accused. These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence." proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to bility the act must have been done A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said e conclusion of guilt is to be drawn should be fully established. It may be noted here that this Court indicated that the circumstances concerned "must or should" and not "may be" established. There is not only a grammatical but a legal "may be proved" and "must be or should be Shivaji Sahabrao Bobade v. State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 : where the observations were made: [SCC para 19, "Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between `may be' and `must be' is long and facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, they should exclude every possible hypothesis except the one to be there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of d must show that in all human probability the act must panchsheel VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) 21. It can thus clearly be seen circumstances from which the conclusion of guilt is to be drawn should be fully established. The Court held that it is a primary principle that the accused `must be' and not merely `may be' proved guilty b accused. It has been held that there is not only a grammatical but a legal distinction between `may be proved' and `must be or should be proved'. It has been held that the facts so established should be consistent only with th of the accused, that is to say, they should not be explainable on any other hypothesis except the one where the accused is guilty. It has further been held that the circumstances should be such that they exclude every possible hypothesis except the chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probabilities, the act must have be 16. In the present case, Tarun Kumar, who had allegedly seen the accused running away while carrying a blood stained knife and it was subsequently that a dead body was found near that place. in the shape of company of the deceased or death. 17. The second piece of evidence on which the prosecution relies upon factum of recovery of blood stained knife at the instance of accused himself which upon chemical Said fact certainly can be taken i has to be measured in context of other evidence which the prosecution may have collected. In the present case, the factum of PW seen the accused running away is not sufficient enough to est Although the police also claimed that the accused had confessed his guilt before one Vijay Kumar, but for the reasons best known to the prosecution (O&M) ( 11 ) It can thus clearly be seen that it is necessary for the prosecution that the circumstances from which the conclusion of guilt is to be drawn should be fully established. The Court held that it is a primary principle that the accused `must be' and not merely `may be' proved guilty b accused. It has been held that there is not only a grammatical but a legal distinction between `may be proved' and `must be or should be proved'. It has been held that the facts so established should be consistent only with th of the accused, that is to say, they should not be explainable on any other hypothesis except the one where the accused is guilty. It has further been held that the circumstances should be such that they exclude every possible hypothesis except the one to be proved. It has been held that there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probabilities, the act must have be In the present case, the prosecution mainly banks upon the statement of PW Tarun Kumar, who had allegedly seen the accused running away while carrying a blood stained knife and it was subsequently that a dead body was ear that place. Such like evidence at best could be termed as evidence in the shape of ‘res gestae’ inasmuch as the accused was not seen in the company of the deceased or immediately second piece of evidence on which the prosecution relies upon factum of recovery of blood stained knife at the instance of accused himself which upon chemical examination was found to be stained with human blood. Said fact certainly can be taken into account, but the effect of such recovery has to be measured in context of other evidence which the prosecution may have collected. In the present case, the factum of PW seen the accused running away is not sufficient enough to est Although the police also claimed that the accused had confessed his guilt before one Vijay Kumar, but for the reasons best known to the prosecution that it is necessary for the prosecution that the circumstances from which the conclusion of guilt is to be drawn should be fully established. The Court held that it is a primary principle that the accused `must be' and not merely `may be' proved guilty before a court can convict the accused. It has been held that there is not only a grammatical but a legal distinction between `may be proved' and `must be or should be proved'. It has been held that the facts so established should be consistent only with the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except the one where the accused is guilty. It has further been held that the circumstances should be such that they exclude every possible one to be proved. It has been held that there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probabilities, the act must have been done by the accused.” the prosecution mainly banks upon the statement of PW Tarun Kumar, who had allegedly seen the accused running away while carrying a blood stained knife and it was subsequently that a dead body was Such like evidence at best could be termed as evidence inasmuch as the accused was not seen in the immediately near the deceased just before his second piece of evidence on which the prosecution relies upon is the factum of recovery of blood stained knife at the instance of accused himself examination was found to be stained with human blood. nto account, but the effect of such recovery has to be measured in context of other evidence which the prosecution may have collected. In the present case, the factum of PW-9 Tarun Kumar having seen the accused running away is not sufficient enough to establish his guilt. Although the police also claimed that the accused had confessed his guilt before one Vijay Kumar, but for the reasons best known to the prosecution that it is necessary for the prosecution that the circumstances from which the conclusion of guilt is to be drawn should be fully established. The Court held that it is a primary principle that the accused efore a court can convict the accused. It has been held that there is not only a grammatical but a legal distinction between `may be proved' and `must be or should be proved'. It has e guilt of the accused, that is to say, they should not be explainable on any other hypothesis except the one where the accused is guilty. It has further been held that the circumstances should be such that they exclude every possible one to be proved. It has been held that there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in the prosecution mainly banks upon the statement of PW-9 Tarun Kumar, who had allegedly seen the accused running away while carrying a blood stained knife and it was subsequently that a dead body was Such like evidence at best could be termed as evidence inasmuch as the accused was not seen in the near the deceased just before his is the factum of recovery of blood stained knife at the instance of accused himself examination was found to be stained with human blood. nto account, but the effect of such recovery has to be measured in context of other evidence which the prosecution may 9 Tarun Kumar having ablish his guilt. Although the police also claimed that the accused had confessed his guilt he VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document CRA-D-180-DB-2006 (O&M) has not been examined and has been given up absence of exa knife is rendered somewhat doubtful inasmuch as said Vijay Kumar was independent witness recovery memo Ex.PQ/2. with the alleged occurrence. Under these circumstances, the evidence collected by the prosecution falls grossly short to meet the standard prescribed for holding a person guilty on the basis of circumstantial evidence 18. Consequently, we find that the findings of guilt as recorded by the trial Court cannot sustain and are liable to be set aside. merits acceptance and is hereby accepted aside and the appellant is bail bonds/surety bonds shall stand discharged. 19. A copy of this judgment be sent to the quarters concerned. Case property be dealt with under rules upon expiry of limitation for filing appeal. 14.5.2025 Vimal (O&M) ( 12 ) has not been examined and has been given up absence of examination of said Vijay Kumar, even the factum of recovery of knife is rendered somewhat doubtful inasmuch as said Vijay Kumar was independent witness to the factum of recovery of knife and had signed on recovery memo Ex.PQ/2. There is no other evidenc with the alleged occurrence. Under these circumstances, the evidence collected by the prosecution falls grossly short to meet the standard prescribed for holding a person guilty on the basis of circumstantial evidence Consequently, we find that the findings of guilt as recorded by the trial Court cannot sustain and are liable to be set aside. merits acceptance and is hereby accepted. The impugned aside and the appellant is acquitted of all the charges framed against bail bonds/surety bonds shall stand discharged. A copy of this judgment be sent to the quarters concerned. Case property be dealt with under rules upon expiry of limitation for filing appeal. (GURVINDER SINGH GILL Whether speaking/reasoned: Whether reportable: has not been examined and has been given up by the prosecution. In the mination of said Vijay Kumar, even the factum of recovery of knife is rendered somewhat doubtful inasmuch as said Vijay Kumar was the recovery of knife and had signed on There is no other evidence to connect the accused with the alleged occurrence. Under these circumstances, the evidence collected by the prosecution falls grossly short to meet the standard prescribed for holding a person guilty on the basis of circumstantial evidence Consequently, we find that the findings of guilt as recorded by the trial Court cannot sustain and are liable to be set aside. The instant appeal, as such, . The impugned judgment is set acquitted of all the charges framed against him. His bail bonds/surety bonds shall stand discharged. A copy of this judgment be sent to the quarters concerned. Case property be dealt with under rules upon expiry of limitation for filing appeal. GURVINDER SINGH GILL) JUDGE (JASJIT SINGH BEDI) JUDGE Yes/No Yes/No the mination of said Vijay Kumar, even the factum of recovery of the recovery of knife and had signed on e to connect the accused with the alleged occurrence. Under these circumstances, the evidence collected by the prosecution falls grossly short to meet the standard prescribed for holding a person guilty on the basis of circumstantial evidence. Consequently, we find that the findings of guilt as recorded by the trial Court , as such, is set His A copy of this judgment be sent to the quarters concerned. Case property be VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document