Punjab and Haryana High Court Acquits Appellant in Murder and Kidnapping Case – No Conclusive Evidence
In a significant ruling, the Punjab and Haryana High Court acquitted the appellant, Dinesh Kumar, who was convicted for offences under Sections 364 and 302 of the IPC (Indian Penal Code). The verdict, delivered by Hon’ble Justice Sureshwar Thakur and Hon’ble Justice Kuldeep Tiwari, sheds light on the sufficiency of evidence, contradictory testimonies, and the reliability of the recovery in the case.
The appellant had appealed against the conviction and sentence, challenging the evidence presented against him. The case revolved around the murder and kidnapping of Yashpal, a 14-year-old boy. The court’s decision was based on careful consideration of medical reports, disclosure statements, recovery memos, and the reliability of the evidence presented.
One of the key observations made by the court relates to the cause of death. The court emphasized that there was no conclusive evidence supporting a homicidal cause of death. The medical reports revealed mild congestion in the lungs, suggesting a natural cause of death, possibly due to a lung infection.
The court also raised doubts about the authenticity of the recovery of the deceased’s mobile phone and the purported extortionate messages sent from it. The messages exchanged lacked dates and circumstances, and the recovery of the mobile phone was questionable, as it was registered under a different name. The court noted that there was insufficient evidence to establish guilt beyond a reasonable doubt.
“Insufficient evidence to establish appellant’s guilt beyond a reasonable doubt – Lack of credible evidence suggesting a homicidal cause of death – Doubts raised about authenticity of recovery and messages – Appeal allowed, appellant acquitted of charges,” the court concluded.
The judgement emphasizes the importance of credible evidence in establishing guilt beyond a reasonable doubt and highlights the need for caution in cases involving serious offences. This verdict underscores the critical role of evidence in criminal cases and reaffirms the principles of justice and due process.
The appellant’s acquittal in this case highlights the significance of thorough examination of evidence and the necessity of a high standard of proof in criminal proceedings. This landmark judgement sets a precedent for similar cases, highlighting the necessity for conclusive and credible evidence before determining guilt in criminal matters.
Date of Decision: 01.8.2023
Dinesh Kumar vs State of Haryana
