9911796707
TMI Blog1971 (12) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by special leave against the judgment dated 20 March, 1970 of the High Court of Punjab and Haryana setting aside the acquittal of the appellant. 2. The High Court passed the order on a revision application under Section 489 of the CrPC made by Harmit Kaur widow of the deceased Bharpur Singh. 3. The prosecution case was as follows : Gurdit Singh and Hazura Singh, Hazura Singh married ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at place. On 10 September, 1967 Hazura Singh, Nihal Kaur and the deceased and his wife Harmit Kaur went to Gholia Khurd in order to pack the luggage of Hazura Singh. There was some dispute. Parties went to eat at the house of Hara Singh and returned at about 11 P.M. At about 5 A.M. on 11 September, 1967 the appellant is alleged to have murdered his brother Bharpur Singh. The murder was alleged to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... police under Section 164 of the CrPC. The trial Court considered the first information report and the evidence of Hazura Singh. The trial court found that Hazura Singh's evidence was unacceptable and he was not a truthful witness and he had asked his brother Hara Singh not to give truthful evidence. 7. The first information report was found by the Sessions Judge not to be a truthful stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o rejecting the oral evidence of Nihal Knur, Harmit Kaur and Hazura Singh as unreliable, untruthful and unworth of credence. 9. It is true that the High Court as an appellate court can set aside an order of acquittal. In doing so, the High Court has to review the evidence upon which the order of acquittal is founded. The High Court is to consider the views of the trial judge as to the credibili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and was a wrong statement. The Sessions Judge found that Hazura Singh made the same statement disowning the first information report. Hazura Singh was torn in his conscience between emotion for his son the appellant on the one hand and his wife Nihai Kaur and the deceased son Bharpur Singh on the other. 11. The High Court was wrong in setting aside the acquittal. The appeal is allowed. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
