Conviction Set Aside in Murder Case Due to Misappreciation of Evidence – P&H HC

On May 2, 2023, the Punjab and Haryana High Court recently quashed the conviction and sentences in a criminal appeal due to the misappreciation of evidence. The judgment, delivered by Justices Sureshwar Thakur and Kuldeep Tiwari, sheds light on the importance of proper evaluation of evidence in criminal cases.

The case pertained to an appeal filed by Vikramjit Singh alias Vicky against the verdict of the Additional Sessions Judge, Amritsar. Singh was convicted for offenses under Sections 302, 307 of the Indian Penal Code (IPC), and Section 27 of the Arms Act, 1959. However, the High Court found that the lower court had failed to appreciate the evidence properly, leading to an incorrect conviction.

The prosecution had relied on the testimonies of purported ocular witnesses to establish the charges. However, both witnesses turned hostile during the trial and did not support the prosecution's case. Another injured eye witness, who was cited as a prosecution witness, provided weak identification of the accused. The Court noted that no valid test identification parade was conducted, further undermining the credibility of the identification.

Moreover, the recovery of a motorcycle and a revolver, which were crucial pieces of evidence, lacked conclusive proof linking them to the crime. The ballistic expert's report did not provide a conclusive opinion regarding the revolver being used in the offense. The Court highlighted the necessity of a clear link between the recovered weapon and the crime.

Considering these factors, the High Court held that there was a gross misappreciation and non-appreciation of evidence in the trial court's judgment. The conviction and sentences imposed on Vikramjit Singh were quashed, and he was acquitted of all charges.

Vikramjit Singh @ Vicky  vs    State of Punjab