Prosecution Failed to Prove Its Case Beyond Reasonable Doubt - Punjab & Haryana High Court Affirms Acquittal in Assault on Police Case

High Court dismisses State of Punjab's appeal, emphasizing the lack of credible evidence and procedural lapses in the prosecution's case against Gagandeep Singh and others.

The Punjab and Haryana High Court has dismissed the State of Punjab's appeal against the acquittal of Gagandeep Singh and others in a case involving alleged assault on police officials. The court, while upholding the decision of the Additional Sessions Judge, Bathinda, underscored the necessity for credible evidence and proper procedural conduct. The judgment, delivered by a bench comprising Justices Lisa Gill and Sukhvinder Kaur, highlighted the prosecution's failure to substantiate its claims beyond reasonable doubt.

On September 7, 2010, SI Harwinderpal Singh received a telephonic message regarding a complaint involving Ramandeep Singh. SI Kulwant Singh, who was at the scene with other police officials, reported that during the inquiry, Ramandeep Singh summoned his brother Gagandeep Singh and friend Bhagwant Singh to the location. An altercation ensued, during which Gagandeep Singh allegedly assaulted HC Darshan Singh and Ramandeep Singh reportedly fired shots at the police. The accused were charged under various sections of the IPC and the Arms Act, but were acquitted by the trial court on December 23, 2022.

The High Court noted significant discrepancies in the prosecution's evidence. "The credibility of the complainant, PW1, has been shaken due to material improvements in his testimony," the court observed. The prosecution failed to produce any documentary evidence to corroborate the claims of a financial dispute between PW1 and Ramandeep Singh, weakening the motive behind the alleged assault.

The court highlighted the inconsistencies in the testimonies of key witnesses. PW1, despite being a material witness, did not mention the preparation of memos/documents at the scene. Moreover, the prosecution's failure to present crucial witnesses, such as the laborers present at the spot, further undermined its case. The court remarked, "The testimony of PW1 and other witnesses failed to inspire confidence due to material contradictions and lack of corroboration."

The court pointed out procedural lapses, particularly regarding the complaint under Section 195 Cr.P.C., which was not filed before the Area Magistrate as required by law. The evidence regarding the injuries sustained by HC Darshan Singh was also found lacking, as the medical testimony did not establish a clear timeline of examination and injuries.

The High Court reiterated the principles of evaluating evidence, especially in cases involving public servants. The bench emphasized, "The prosecution's inability to prove the presence of basic ingredients constituting the alleged offences, along with the procedural irregularities, led to a failure in establishing the case beyond reasonable doubt."

Justice Lisa Gill remarked, "The prosecution has miserably failed to prove its case beyond the shadow of reasonable doubt against the accused who have been rightly acquitted by the learned trial court."

The High Court's dismissal of the appeal reinforces the judiciary's commitment to upholding justice based on credible evidence and proper legal procedures. This judgment serves as a critical reminder of the necessity for thorough and consistent prosecution practices to ensure the integrity of the judicial process.

Date of Decision: July 2, 2024