No Test Identification Parade, No Ballistic Evidence: P& H HC Questions Prosecution's Case in 2007 Murder

Punjab and Haryana High Court overturned the conviction and life sentences of Kuldeep Singh and Jagtar Singh, who were found guilty in 2013 of robbery and the murder of Bhagwan Singh. The Division Bench of Justice Sureshwar Thakur and Justice Sudeepthi Sharma ruled that the prosecution failed to establish the accused's guilt beyond a reasonable doubt due to evidentiary and procedural flaws.

The case revolved around the 2007 murder and robbery of Bhagwan Singh, whose motorcycle and mobile phone were allegedly stolen after he was fatally shot near a canal bridge in Sangrur, Punjab. The High Court, however, found the prosecution's reliance on eyewitness testimony and recoveries unsupported by robust evidence, leading to the appellants' acquittal.

The High Court’s decision highlighted multiple deficiencies in the prosecution’s case. The primary witnesses, Reema Singh (PW-2) and Gurbachan Singh (PW-3), identified the accused for the first time in court without any prior test identification parade (TIP), raising doubts about the credibility of their testimony. Justice Thakur remarked that the lack of a TIP rendered the in-court identification "extremely frail and unreliable."

Further, Darshan Singh, who reportedly informed PW-2 about the crime, was neither cited nor examined as a prosecution witness. The Court noted, “This omission gravely undermines the prosecution’s claim and casts serious doubt on the chain of evidence.”

The prosecution relied on the recovery of the stolen motorcycle and a .315 bore pistol allegedly used in the crime. However, the High Court found the recoveries lacked evidentiary strength. The motorcycle was retrieved from an open and accessible area, failing to establish a direct connection to the accused. Similarly, the pistol was not subjected to ballistic examination, leaving the link between the weapon and the fatal injuries unsubstantiated.

Justice Thakur stated, “The omission to seek ballistic examination of the recovered firearm critically weakens the prosecution’s case, particularly when other evidence lacks credibility.”

The Court also scrutinized the medical evidence, which confirmed that Bhagwan Singh died from gunshot wounds. However, the prosecution failed to demonstrate that the recovered pistol caused the injuries, further diminishing the probative value of the evidence.

Concluding that the prosecution failed to prove the charges beyond reasonable doubt, the High Court set aside the trial court's conviction and life sentences. The appellants were acquitted, with the Court ordering their immediate release unless required in other cases. Additionally, any fines deposited by the appellants were to be refunded, and the case property was directed to be dealt with in accordance with the law.

This decision underscores the judiciary's commitment to upholding the principle of proving guilt beyond reasonable doubt. It emphasizes the importance of procedural rigor, credible evidence, and the adherence to established legal standards in criminal trials.

Date of Decision: November 19, 2024.