STATE OF PUNJAB Vs. SARUP SINGH

JUDGEMENT

(1.) The State is challen-ging acquittal of the respondent in this appeal.

(2.) The respondent was tried for the murder of Kulwinder Singh and the trial Court relying upon the evidence of Kulwinder Kaur-PW 5 and Gian Singh-PW 4 which proved that the accused and the deceased were last seen together and the evidence of recovery of currency notes and wrist watch of the deceased, on the basis of a declaration made by the accused, held him guilty. The appellant was convicted for the offence punishable under Section 302, IPC.

(3.) The High Court held that Gian Singh was a chance witness and therefore it was risky to rely upon his evidence without any corroboration. The High Court also held that identity of currency notes and the wrist watch was not established by the prosecution beyond doubt and therefore it was not possible to say that they belonged to the deceased. The High Court, therefore, acquitted the respondent.