Supreme Court acquits Punjab man in 27-year-old murder case

Tribune News Service

Satya Prakash

New Delhi, April 19

Holding that the testimonies of witnesses relied by the prosecution were “wholly unreliable”; the Supreme Court has acquitted a man from Hoshiarpur in Punjab who was sentenced to life imprisonment for allegedly killing a man in 1997.

“Having given our thoughtful consideration to the entirety of the material available on record, we are of the firm view that evidence of Sharan Kaur (PW i.e. prosecution witness-5) and Daljit Singh (PW-6) is wholly unreliable, does not inspire confidence in the Court so as to affirm the conviction of the appellant, “a Bench of Justice BR Gavai and Justice Sandeep Mehta said, acquitting Kirpal Singh.

The verdict came on an appeal filed by accused Kirpal Singh challenging the February 28, 2008 judgment of Punjab and Haryana High Court which had confirmed the conviction and sentence imposed on him by the Additional Sessions Judge (Adhoc), Hoshiarpur on July, 26, 2003.

Kirpal Singh had allegedly stabbed to death one Balwinder Singh and injured his wife Sharan Kaur in the intervening night of 12th/13th November, 1997 in Hoshiarpur district of Punjab.

“On going through the entire set of prosecution witnesses, we find that no weapon of crime was recovered at the instance of the accused appellant and thus, there is no corroborative evidence so as to lend credence to the wavering and unreliable testimony of Sharan Kaur (PW-5) and Daljit Singh (PW-6),” the Bench said.

The top court sought to reiterate that no corroborative evidence was led by the prosecution to lend credence to the testimony of the said two witnesses.

“On going through the evidence of Sharan Kaur (PW-5) and Daljit Singh (PW-6), with reference to other evidence available on record, we are of the firm opinion that both these witnesses fall in the second category, i.e., wholly unreliable. No other tangible evidence was led by the prosecution to connect the accused appellant with the crime,” the Bench noted.

“Consequently, the appellant deserves to be acquitted by giving him the benefit of doubt. Resultantly, the judgments of the trial Court and the High Court dated 26th July, 2003 and 28th February, 2008, respectively, are hereby quashed and set aside.

“The appellant is acquitted of the charges. The sentence awarded to the appellant was directed to be suspended by this Court on 12th August, 2011, during the pendency of this appeal and he is on bail. He need not surrender and the bail bonds are discharged,” the top court said.

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