The State v. Harinder Singh: Landmark Judgment Upholding Conviction

In a landmark judgment by the Supreme Court of India, the case of The State v. Harinder Singh has reached its conclusion. The appellant, Harinder Singh, was found guilty of committing heinous crimes under Sections 302 and 201 of the Indian Penal Code. The swift and decisive action by the court upholds the conviction, ensuring justice for the victim, Gurdev Singh. Let’s delve into the details of this significant legal battle.

Facts

  • Appeal filed by the accused against the judgment of the High Court of Punjab and Haryana was dismissed.
  • The appellant was held guilty of committing offenses under Sections 302 and 201 of the Indian Penal Code.
  • Appellant sentenced to life imprisonment with a fine of Rs.5000/- on the first count.
  • In default of payment of fine, appellant to undergo further Rigorous Imprisonment for six months.
  • Appellant sentenced to three years of RI with a fine of Rs.2000/- on the second count.
  • In default of payment of fine, appellant to undergo further RI for one month.
  • The judgment of the trial court was upheld by the High Court.
  • The recovery of the body of Gurdev Singh at the instance of the appellant.
  • Extra judicial confession made by the appellant to Chanan Singh (PW-4).
  • The fact that the accused did not want the deceased to inherit the estate of Suba Singh.
  • The complainant’s account of Harinder Singh’s quarrel with Gurdev Singh and subsequent confession of the crime.
  • The post-mortem report indicating ante-mortem injuries and cause of death.
  • The request for an Executive Magistrate to be present during the recovery of the dead body.
  • The identification of the deceased’s body and clothes by witnesses.
  • The video-graphing and photographing of the entire recovery process by the police.

Also Read: Judgment on Jharkhand Public Service Commission’s Civil Appeal

Analysis

  • The accused Harinder Singh confessed to Chanan Singh (PW-4) about the murder of Gurdev Singh and led to the recovery of the dead body in the presence of other witnesses.
  • Constable Ravinder Singh (PW-7) videographed the recovery process at the field of Suba Singh.
  • The accused misled Sawinder Kaur and other relatives about the whereabouts of the deceased Gurdev Singh.
  • The witnesses’ statements and video evidence prove the recovery of the dead body at the instance of the appellant-accused Harinder Singh.
  • The circumstances including the extra-judicial confession, misleading information, and witness accounts form a chain leading to the inference that the accused alone murdered Gurdev Singh.

Also Read: Interpretation of Pre-deposit Requirement under SARFAESI Act

Case Title: HARINDER SINGH @ HIRA Vs. THE STATE OF PUNJAB

Case Number: Crl.A. No.-000586-000586 / 2010

Click here to read/download original judgement

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