Explore a case where the court’s legal analysis played a crucial role in upholding a conviction appeal. The detailed examination of evidence, witness testimonies, and investigative procedures resulted in a well-founded judgment. Discover how the court’s findings based on thorough analysis set a precedent in legal proceedings.
Facts
- Sikh youth demanded keys of Godrej almirah from the complainant which she handed over.
- Intruders took gold bangles, cash, and other gold articles from the almirah.
- Recoveries of stolen items were made from the accused persons.
- Complainant was locked in the bathroom.
- Investigative procedures involved inquest proceedings, statements of witnesses, and recovery of evidence.
- Accused persons denied the allegations during the trial.
- Appellant Harpal Singh mentioned selling his mini bus and the alleged unlawful recovery of money during the investigation.
- Challan was filed in court, and formal charges were framed under relevant sections of the IPC.
- Accused were arrested, interrogated, and statements were recorded.
- Accused denied the incriminating circumstances during the investigation.
- Testimony of PW-4 Vinod Singh Chauhan found credible in proving the commission of the offence
- Extra-judicial confession made by PW-14 Devinder Kumar was relied upon
- Charges framed for offences under Sections 460, 302, 342, and 120-B of IPC
- High Court upheld the conviction based on evidence and findings of Trial Court
- Accused filed an appeal against the judgment before High Court of Punjab and Haryana
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Arguments
- The appellant’s counsel argued that the recovery of articles and cash has not been proven according to the law.
- The defense presented by the defendant claiming that the gold articles were planted by the deceased Vinod Kumar’s son, who was a gold smuggler, was deemed not credible or reliable.
- The recovered articles claimed from the accused were not the same articles as described by the complainant.
- The defence to show false recovery has been supported by the testimony of DW-1 Dhanpal Singh and DW-2 Surinder Mohan Luthra.
- The evidence regarding prior meeting of mind is not on record, indicating that the appellant conspired or was a part of the conspiracy in committing the loot and murder of the deceased.
- The appellant presented defenses regarding the sale of the mini bus No PB-02-H-9661 for Rs. 3,80,000 to Hakumat Singh, and the police allegedly recovered the consideration amount for the sake of the looted article to falsely implicate him.
- The connecting evidence regarding the recovery of the hotel record has not been produced in original.
- The state counsel argues that the amount recovered from the appellant’s possession as the sale proceeds of the mini-bus has not been proven in support of his defence.
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Analysis
- The findings of fact recorded are based on due appreciation of evidence and not perverse.
- The involvement of the appellant along with other co-accused is fully proved by prosecution beyond reasonable doubt.
- Ample evidence shows conspiracy between all five accused.
- No plausible defense presented for the huge recovery of gold items.
- Appellant’s defense was not found plausible as no evidence was brought to disprove the articles looted.
- Minor inconsistencies in witness statements do not impact the concurrent findings by two courts.
- The High Court rightly confirmed the Trial Court’s findings based on witness testimonies.
- The defense did not dispute the ownership of the gold items seized from the accused.
- The conviction of the appellant is found sustainable based on evidence and recovery.
- Nexus between the appellant and co-accused is fully established through witness testimony.
- Appellant’s defense on the cash recovery from the sale of a mini bus was not proven as the buyer was not examined.
- Witness DW-1 admitted that the amount in question was not in his or his father’s bank account.
- The gold biscuits and looted articles were identified by the son of the deceased.
- The findings of fact against the appellant and other co-accused are not considered as perverse or illegal.
- No interference by the Court is warranted in this case.
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Decision
- The view taken by the High Court and Trial Court is affirmed.
- The appeal is dismissed.
Case Title: HARPAL SINGH Vs. THE STATE OF PUNJAB (2022 INSC 655)
Case Number: Crl.A. No.-000914-000914 / 2022
