{"id":12492,"date":"2008-07-01T00:00:00","date_gmt":"2008-06-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/vikram-vs-state-of-haryana-on-1-july-2008"},"modified":"2017-05-24T02:31:30","modified_gmt":"2017-05-23T21:01:30","slug":"vikram-vs-state-of-haryana-on-1-july-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/vikram-vs-state-of-haryana-on-1-july-2008","title":{"rendered":"Vikram vs State Of Haryana on 1 July, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Vikram vs State Of Haryana on 1 July, 2008<\/div>\n<pre>Criminal Appeal No.480-DB of 2001                           1\n\n\n IN THE HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH\n\n\n                                    Date of Decision : 01.07.2008\n\n\nVikram                                                .....Appellant\n            versus\nState of Haryana                                      .....Respondent\n\n\nCORAM : HON'BLE MR.JUSTICE UMA NATH SINGH.\n        HON'BLE MR.JUSTICE A.N.JINDAL.\n\n\nPresent : Mr.R.S.Rai, Senior Advocate with\n          Mr.Anurag Arora, Advocate, for the appellant.\n\n          Mr.S.S.Randhawa, Additional A.G. Haryana with\n          Mr.Adish Gupta, Advocate.\n                      -.-\n\n\nUMA NATH SINGH, J.\n<\/pre>\n<p>            This judgment shall also dispose of connected Criminal<\/p>\n<p>Revision No.218 of 2002 (Dharambir versus Satbir), filed by complainant<\/p>\n<p>Dharambir against the judgment of acquittal of co-accused Satbir. Both<\/p>\n<p>these matters arise out of a judgment dated 24.8.2001, passed by learned<\/p>\n<p>Additional Sessions Judge, Faridabad in Sessions Case No.63 of 12.5.2000<\/p>\n<p>recording acquittal of accused Satbir and conviction of accused-appellant<\/p>\n<p>Vikram under Sections 302\/34 IPC and sentencing him to undergo RI for<\/p>\n<p>life with a fine of Rs.1000\/- with direction to undergo RI for further one<\/p>\n<p>year in case of default of payment of fine. However, on other counts,<\/p>\n<p>namely 201 and 120-B IPC, the accused-appellant Vikram was acquitted.<\/p>\n<p>            It appears from the prosecution case that FIR (Ex.PA) was<\/p>\n<p>recorded on the statement of Dharambir Singh (PW1), on 22.10.1997 at<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                               2<\/span><\/p>\n<p>10.30 a.m., by ASI Dharam Pal, Incharge, Police Post, Suraj Kund. In his<\/p>\n<p>statement, Dharambir mentioned that deceased Subhash, his cousin, was<\/p>\n<p>the eldest of three brothers who are the sons of his uncle Pillu Ram. His<\/p>\n<p>uncle Pillu Ram died about 5-6 months ago. On 20.10.1997, deceased<\/p>\n<p>Subhash went to the shop of one Satbir son of Bhole Ram in connection<\/p>\n<p>with some auction sale to be conducted by some local Committee on his<\/p>\n<p>Scooter No.DL-3SG-3387. He parked the scooter near the quarters and<\/p>\n<p>went to the shop of Satbir on foot. However, the auction process was over<\/p>\n<p>before he could reach there and since then his whereabouts were not known.<\/p>\n<p>His scooter was found parked on the next day i.e. 21.10.1997 in the morning<\/p>\n<p>behind the house of one Seelak Ram (PW10) of Lakkarpur. Search of<\/p>\n<p>Subhash could not yield any immediate result. On 22.10.1997, in the<\/p>\n<p>morning hours, during further search of Subhash on enquiry from two lady<\/p>\n<p>labourers, they informed that they had seen a male dead body lain in a<\/p>\n<p>gunny bag at a place ahead of the telephone exchange and both the feet of<\/p>\n<p>dead body were protruding from the gunny bag. Hence, complainant<\/p>\n<p>Dharambir, Seelak Ram and one Tas Ram reached the spot immediately,<\/p>\n<p>and they identified the dead body to be of Subhash. On removing the gunny<\/p>\n<p>bag, they noticed that the neck of dead body was missing and both the hands<\/p>\n<p>had clenched. Leaving Seelak Ram and Tas Ram near the dead body, the<\/p>\n<p>complainant went to police post for reporting the matter. According to the<\/p>\n<p>statement given by complainant Dharambir, some unknown                 person<\/p>\n<p>committed the murder of his cousin Subhash and the head of dead body was<\/p>\n<p>missing. Only its trunk was found lain in the gunny bag. His statement<\/p>\n<p>was,   thus,   recorded   and   the   police   registered   a   case   under<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                             3<\/span><\/p>\n<p>Sections 302\/201\/34 IPC and began investigation. ASI Dharam Pal (PW12)<\/p>\n<p>sent the statement of complainant Dharambir (PW1) to Police Station for<\/p>\n<p>registration of a formal FIR, which was recorded vide Ex.PA\/1 by ASI<\/p>\n<p>Gian Singh. ASI Dharam Pal (PW12) visited the spot thereafter and<\/p>\n<p>conducted inquest proceedings of dead body. He also prepared a site plan<\/p>\n<p>and recorded the statement of witnesses under Section 161 Cr.P.C. on the<\/p>\n<p>same day and sent the dead body for postmortem examination.             On<\/p>\n<p>23.10.1997, he received a secret information and laid a blockade. On that<\/p>\n<p>day, co-accused Satte @ Satender was produced by one Suresh Kumar (not<\/p>\n<p>examined).    Investigating Officer Dharam Pal (PW12) recorded the<\/p>\n<p>disclosure statement given by accused and pursuant thereto, the head of<\/p>\n<p>dead body was recovered and sent for postmortem examination. At his<\/p>\n<p>instance, knife, the weapon of offence, was recovered and taken into<\/p>\n<p>possession vide Ex.PV\/1 and a rough site plan of scene of recovery of knife<\/p>\n<p>was prepared vide Ex.PV\/2. Investigating Officer arrested co-accused Satbir<\/p>\n<p>(since acquitted) on 25.10.1997 and accused Vikram on 1.11.1997. Vikram<\/p>\n<p>suffered a disclosure statement and pursuant thereto, a knife, the weapon of<\/p>\n<p>offence, was recovered. Vide Ex.PB, the place where dead body was thrown<\/p>\n<p>by accused persons was exhibited on pointing out by accused Vikram. A<\/p>\n<p>rough site plan of place of recovery of the head of the dead body was drawn<\/p>\n<p>vide Ex.PX and the place where the incident took place was shown vide<\/p>\n<p>Ex.PZ, as pointed out by co-accused Satte. Investigating Officer Dharam<\/p>\n<p>Pal also prepared a site plan (Ex.PB\/1) of the place from where a knife<\/p>\n<p>was recovered on pointing out by accused Vikram. After completion of<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                             4<\/span><\/p>\n<p>investigation, a challan was put by Inspector Mohd. Ishaq Khan (PW9)<\/p>\n<p>under Sections 302\/201\/120\/34 IPC. On committal order, the case was<\/p>\n<p>placed before learned trial Judge, who vide his order dated 9.2.1998, framed<\/p>\n<p>the charges against accused persons, who pleaded not guilty. Learned trial<\/p>\n<p>Judge on appreciation of evidence on record, while placing reliance on the<\/p>\n<p>testimony of Gamman (PW2) supported by the disclosure statement given<\/p>\n<p>by accused Vikram and recovery of incriminating articles pursuant thereto,<\/p>\n<p>recorded the impugned judgment of conviction and sentence.<\/p>\n<p>            Learned senior counsel Shri R.S.Rai, appearing for the<\/p>\n<p>appellant, assailed the impugned judgment on the grounds: (i) that the<\/p>\n<p>prosecution has not attributed any motive to accused appellant Vikram for<\/p>\n<p>commission of offence; (ii) that the accused appellant has denied any<\/p>\n<p>relationship with Gamman (PW2), who claimed to be distantly related to<\/p>\n<p>him; (iii) that the circumstances wherein the disclosure statement was made<\/p>\n<p>before the police by accused appellant Vikram does not inspire confidence<\/p>\n<p>as he could not have expected any help from Gamman (PW2), who admitted<\/p>\n<p>that he did not know accused Vikram from before, except that Vikram&#8217;s<\/p>\n<p>sister was married to his cousin brother&#8217;s son, whose name also he did not<\/p>\n<p>know; (iv) that in the obtaining circumstances, the alleged confessional<\/p>\n<p>statement has been recorded only in order to falsely implicate the accused<\/p>\n<p>appellant, and (v) that accused appellant Vikram was aged only about 19-20<\/p>\n<p>years at the time of offence and he was not helping in the business of his<\/p>\n<p>brother Satbir, who has since been acquitted.\n<\/p>\n<p>            On the other hand, learned Additional Advocate General,<\/p>\n<p>Haryana, strongly opposed the submissions of learned senior counsel for the<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                              5<\/span><\/p>\n<p>appellant, inter-alia, contending: (i) that Gamman (PW2) has clearly stated<\/p>\n<p>in so many words that he was closely related to both the parties, and there is<\/p>\n<p>no contradiction or infirmity whatsoever in his testimony when he stated<\/p>\n<p>that he produced the accused appellant before the police, but he was allowed<\/p>\n<p>to go and then after 4 days, the accused was interrogated and taken into<\/p>\n<p>custody, and (ii) that accused appellant Vikram, brother of co-accused<\/p>\n<p>Satbir, shared the motive with his brother.\n<\/p>\n<p>            We have carefully considered the rival submissions and closely<\/p>\n<p>scrutinized the records.\n<\/p>\n<p>            The prosecution has produced as many as 12 witnesses,<\/p>\n<p>whereas the defence has examined none. Dharambir (PW1) is the author of<\/p>\n<p>FIR. In his testimony (cross-examinations), this witness has stated that<\/p>\n<p>when he reported the matter to police, he did not know as to how this<\/p>\n<p>murder took place. He admitted that at the time of reporting to police, he<\/p>\n<p>did not state that about 15 days ago there had been a quarrel between<\/p>\n<p>deceased Subhash and accused Satbir regarding the amount of Rs.35,000\/-<\/p>\n<p>            Gamman (PW2) in his testimony has stated that accused<\/p>\n<p>appellant Vikram was related to him as his sister was married to his nephew<\/p>\n<p>named Lala. He only remembered the name of his nephew and not of his<\/p>\n<p>wife, sister of accused Vikram. He stated that a few days ago, accused<\/p>\n<p>Vikram had come to him in the evening and told that he was frightened of<\/p>\n<p>police, which was after him because he and Satte as per their planning<\/p>\n<p>committed the murder of Subhash. They took Subhash to chobara of 12<\/p>\n<p>quarter and cut his neck with the help of knife. Next day morning, this<\/p>\n<p>witness took accused Vikram along for Faridabad and while going towards<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                              6<\/span><\/p>\n<p>Lakkarpur on foot, they met police on the way and produced accused<\/p>\n<p>Vikram.     Accused Vikram sought time from the police, however this<\/p>\n<p>witness went to Lakkarpur and thereafter to village Ghatat. He returned on<\/p>\n<p>fourth day in the evening. Next morning thereafter, he went to Police<\/p>\n<p>Station and on the way, he met one Pappu (not examined) and they both<\/p>\n<p>reached the Police Station. In the Police Station, in his presence, accused<\/p>\n<p>Vikram was interrogated and during interrogation, he made a disclosure<\/p>\n<p>statement that he had concealed a knife and got the same recovered. His<\/p>\n<p>statement was reduced into writing, which is marked as Ex.PB. Police<\/p>\n<p>arranged for a private vehicle and went with this witness and accused<\/p>\n<p>Vikram towards Surajkund. Vikram asked the vehicle to be stopped near a<\/p>\n<p>telephone exchange. He then led the police to a place known as 12 quarter<\/p>\n<p>and pointed out the place. He thereafter led the police to a ganda nala and<\/p>\n<p>there also, he pointed out some place to the police. In regard to all these<\/p>\n<p>three places, the police prepared memos as Ex.PC, Ex.PD and Ex.PE. Near<\/p>\n<p>ganda nala, he offered to take the police to the place of concealment of knife<\/p>\n<p>in village Ghotal. Accused Vikram asked the vehicle to be stopped and then<\/p>\n<p>led the police to a place where a big stone was lying. From underneath the<\/p>\n<p>stone, he got recovered the knife, which was stained with blood. Finally,<\/p>\n<p>sketch of knife was prepared, which was attested by this witness and Pappu<\/p>\n<p>(not examined). Knife (Ex.PF) was made into a sealed parcel and taken<\/p>\n<p>into possession vide Ex.PG. Police also recorded the statement of this<\/p>\n<p>witness. From the above statement of this witness, this is not clear as to for<\/p>\n<p>what purpose he stayed for four days at village Lakkarpur and village<\/p>\n<p>Ghatat after he produced accused Vikram before police and he was allowed<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                              7<\/span><\/p>\n<p>to go. This is also not clear as to why he went to police station again after<\/p>\n<p>four days and that too at the time when accused Vikram was being<\/p>\n<p>interrogated. Moreover, the details of place where from the knife was<\/p>\n<p>recovered pursuant to the disclosure statement given by accused Vikram<\/p>\n<p>also appear to be exaggerated and unbelievable. This seems unusual that<\/p>\n<p>accused Vikram while being in police custody would have taken police<\/p>\n<p>from place to place for recovery of knife in the manner as stated by this<\/p>\n<p>witness. Rakesh Kumar (PW3) is a Draftsman, who prepared scaled site<\/p>\n<p>plan (Ex.PH). Constable Ram Mehar (PW4) produced a true copy of DDR<\/p>\n<p>(Ex.PJ) to show that mother of deceased Subhash had made a missing rapat.<\/p>\n<p>Dr.C. Pal (PW5), Deputy Chief Medical Officer, conducted the postmortem<\/p>\n<p>of headless dead body on 22.10.1997 and noticed the injuries as reproduced<\/p>\n<p>below:\n<\/p>\n<blockquote><p>             &#8220;1.   Head and neck missing, amputed at the level of C5<\/p>\n<p>                   vertebral body. A circular incised wound regular in out<\/p>\n<p>                   line is present posteriorly but irregular interiorly. AP<\/p>\n<p>                   diameter of wound was 6 inches and transverse diameter<\/p>\n<p>                   were 5 inches. All the margins were sharp and clean<\/p>\n<p>                   with clotted blood, all over the wound. Other structure<\/p>\n<p>                   of neck also cut at the same level.\n<\/p><\/blockquote>\n<blockquote><p>            2.     Skin of palm and sole corrugated and sodden. Skin of<\/p>\n<p>                   back could be pealed of easily leaving white raw surface.<\/p>\n<\/blockquote>\n<blockquote><p>             3.    Spinal cord was cut at the level of C5. Wound was clean<\/p>\n<p>                   cut with clotted blood. Vertebral Body of C5 was cut to<\/p>\n<p>                   the lower part.&#8221;<\/p><\/blockquote>\n<p>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                               8<\/span><\/p>\n<p>           Dr.Basant Lal Sirohiwal (PW6) conducted the postmortem of<\/p>\n<p>the neck and head of dead body of deceased and noticed the injuries as<\/p>\n<p>reproduced below:\n<\/p>\n<blockquote><p>           &#8220;1.      All incised stabbed wound situated on the middle front<\/p>\n<p>                    of upper neck near chin in transfer plain 5 cm long both<\/p>\n<p>                    the margins were regular going deep, pearsing next<\/p>\n<p>                    structures and going deep below the level of hyoid bone<\/p>\n<p>                    to communicate with the decapitated level of neck,<\/p>\n<p>                    hyoid bone was intact. Left angle was more acute as<\/p>\n<p>                    compare to right.\n<\/p><\/blockquote>\n<blockquote><p>           2.       Decapitated was showing clean cut regular margins all<\/p>\n<p>                    around the neck. More so on the back aspect with<\/p>\n<p>                    additional flaps of skin with regular margins on both<\/p>\n<p>                    sides near the angle of mandible. The cut was about 14<\/p>\n<p>                    cm in transfer plain and 16 cm in anterior posterior plain.<\/p>\n<p>                    The cut was situated 3.5 cm below the chin in mid line.<\/p>\n<p>                    5 cm below the right ear lobule and 5.5 cm below left ear<\/p>\n<p>                    lobule. A flab of additional skin was hanging on both<\/p>\n<p>                    sides near the level of a angle of mandible 4 cm on right<\/p>\n<p>                    side and 6 cm on left side of neck. The under lying<\/p>\n<p>                    muscle with soft tissues and large blood vessels were cut<\/p>\n<p>                    through and through. The transfers process of C4<\/p>\n<p>                    cervical vertebra and the lower border of body was cut<\/p>\n<p>                    through and through. The spinal cord was softened and<\/p>\n<p>                    cut through and through at the same level. Infiltration of<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                              9<\/span><\/p>\n<p>                   blood was present around the cuts and of vertebra and in<\/p>\n<p>                   the soft tissues, muscles were showing sharp cut slicing<\/p>\n<p>                   effect more so on back sides with infiltration of blood.&#8221;<\/p><\/blockquote>\n<p>             All the injuries were depicted in a diagram and on internal<\/p>\n<p>examination of scalp, no injury was noticed on scalp, nor any fracture.<\/p>\n<p>Brain was liquified and decomposed and sagittal suture in inner table was<\/p>\n<p>showing obliteration on frontal aspects. On the back aspect, it was in the<\/p>\n<p>process of obliteration. Hyoid wound was intact and the structures for about<\/p>\n<p>0.2 cm below the level of hyoid wound were missing. Tongue was also<\/p>\n<p>found intact and normal. Dr.Basant Lal Sirohiwal (PW6) in his opinion<\/p>\n<p>stated that this was a head of a young adult male. Injuries were ante-<\/p>\n<p>mortem and homicidal in nature, which were caused by a heavy sharp<\/p>\n<p>cutting weapon.    Duration of death was about 4-5 days            before the<\/p>\n<p>postmortem. Looking to the nature of injuries in the neck, the head was<\/p>\n<p>found to belong to the same body. The Doctor proved Ex.PN as a carbon<\/p>\n<p>copy of the postmortem report. Hem Raj (PW7) has not supported the<\/p>\n<p>prosecution case in toto and he was declared hostile.         In his   cross-<\/p>\n<p>examination by PP, he has stated as:\n<\/p>\n<blockquote><p>            &#8220;I have not stated before the police that two persons, namely,<\/p>\n<p>            Vikram and Satte @ Satender came to me and demanded key of<\/p>\n<p>            my room and further told that they are to arrange a party on that<\/p>\n<p>            night and he should sleep somewhere else. (confronted with<\/p>\n<p>            portion A to A in Ex.PC where it is so recorded).          In the<\/p>\n<p>            morning the door was bolted and when I entered, then the<\/p>\n<p>            bedding of another man who used to sleep in my room was<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                              10<\/span><\/p>\n<p>             missing. I also noticed that 2-3 mug of water had also been<\/p>\n<p>             taken out from the water lying in the basket. It is wrong to<\/p>\n<p>             suggest that I am not supporting the whole version falsely.&#8221;<\/p><\/blockquote>\n<p>           Constable Mahesh Kumar (PW8) is a formal official witness. He<\/p>\n<p>only took the dead body for postmortem examination and submitted the<\/p>\n<p>parcel handed over to him by the Doctor at the Police Station. Inspector<\/p>\n<p>Mohd. Ishaq Khan (PW9) was the SHO of Police Station, NIT, Faridabad.<\/p>\n<p>He submitted the report under Section 173 Cr.P.C. Seelak Ram (PW10)<\/p>\n<p>identified the dead body as also incriminating articles connected therewith<\/p>\n<p>at the time of recovery. Constable Ghanshyam (PW11) tendered his<\/p>\n<p>evidence on affidavit (Ex.PT) as he delivered the incriminating articles in<\/p>\n<p>FSL for chemical examinations. ASI Dharam Pal (PW12) is the<\/p>\n<p>Investigating Officer. Regarding arrest of accused Vikram, recording of his<\/p>\n<p>disclosure statement and recovery of weapon of offence pursuant thereto,<\/p>\n<p>this witness in his cross-examinations has stated as:<\/p>\n<blockquote><p>             &#8220;I arrested Vikram accused near village Lakkarpur at about 5<\/p>\n<p>             pm. Recovery of knife was effected on 4.11.97. It is incorrect<\/p>\n<p>             that Vikram never made any disclosure statement nor got<\/p>\n<p>             recovered any knife.       It is incorrect that all the recovery<\/p>\n<p>             proceedings are fabricated. It is incorrect that my investigation<\/p>\n<p>             is tainted and partial.&#8221;<\/p><\/blockquote>\n<p>            As regards accused Satte @ Satender, it is pertinent to note that<\/p>\n<p>in the impugned judgment rendered by learned trial Court, he is shown to be<\/p>\n<p>a proclaimed offender, whereas in his examination-in-chief, ASI Dharam<\/p>\n<p>Pal (PW12), has stated as:\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                               11<\/span><\/p>\n<blockquote><p>             &#8220;I prepared the rough site plan (Ex.PZ) of the place where<\/p>\n<p>             occurrence is alleged to have taken place and the map was<\/p>\n<p>             prepared on the pointing out of Satte accused, who is now<\/p>\n<p>             dead.&#8221;<\/p><\/blockquote>\n<p>            Learned Additional Advocate General, appearing for the State<\/p>\n<p>of Haryana, has not received any instruction to clarify this contradiction.<\/p>\n<p>              Accused appellant Vikram in his statement under Section 313<\/p>\n<p>Cr.P.C. denied all the four questions put to him and pleaded innocence.<\/p>\n<p>However, he did not produce any defence witness in support of his version.<\/p>\n<p>            Gamman (PW2) is the star witness in this case, on the basis of<\/p>\n<p>whose testimony, conviction of accused appellant Vikram has been<\/p>\n<p>recorded. Gamman (PW2) has admitted that he did not know the details<\/p>\n<p>about the death of deceased. There is nothing on record to suggest that he<\/p>\n<p>was so intimately related to accused Vikram, which could have inspired his<\/p>\n<p>confidence in this witness. In these circumstances, this is doubtful that the<\/p>\n<p>accused appellant would have confessed his guilt and asked for help in the<\/p>\n<p>police case. As stated by witness Gamman (PW2), accused Satbir, brother<\/p>\n<p>of accused Vikram had a quarrel with the deceased about 15 days prior to<\/p>\n<p>the date of incident and thus, he was attributed a motive. But it does not<\/p>\n<p>stand to reason as to why accused Vikram has been convicted for sharing<\/p>\n<p>the same motive with his brother Satbir who has been acquitted on the same<\/p>\n<p>set of evidence by the trial Court.        Moreover, accused Vikram was<\/p>\n<p>19-20 years of age at the time of incident and there was no evidence<\/p>\n<p>that he used to look after the business of his brother co-accused Satbir.<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                               12<\/span><\/p>\n<p>Besides, witness Gamman (PW2) has not mentioned in detail about the<\/p>\n<p>manner in which the murder of deceased Subhash was committed by<\/p>\n<p>accused Vikram, which creates further doubt as to whether accused Vikram<\/p>\n<p>really gave a disclosure statement in the presence of this witness.<\/p>\n<p>            Thus, in view of dearth of credible evidence regarding the<\/p>\n<p>motive, involvement of accused, disclosure statement given by accused<\/p>\n<p>Vikram and the recovery pursuant thereto, accused appellant Vikram<\/p>\n<p>deserves to be given benefits of doubt as the entire prosecution case is based<\/p>\n<p>only on circumstantial evidence.\n<\/p>\n<p>                Hence, the impugned judgment dated 24.8.2001 passed by<\/p>\n<p>learned Additional Sessions Judge, Faridabad, in Sessions Case no.63 of<\/p>\n<p>12.5.2000, is set aside, and this Criminal Appeal No. 480-DB of 2001 is<\/p>\n<p>allowed. Resultantly, accused appellant Vikram is acquitted of the charge<\/p>\n<p>under Section 302 read with Section 34 IPC.\n<\/p>\n<p>            So far as the connected Criminal Revision No.218 of 2002 filed<\/p>\n<p>by complainant Dharambir against the order of acquittal of co-accused<\/p>\n<p>Satbir, is concerned, except the testimony of Gamman (PW2) to the effect<\/p>\n<p>that the deceased owed Rs.35,000\/- to Satbir and there was a quarrel 15<\/p>\n<p>days prior to the incident, there is no other evidence to reverse the judgment<\/p>\n<p>of acquittal recorded by learned trial Court. Further, in view of various<\/p>\n<p>judgments of Hon&#8217;ble the Apex Court, including the ones (i) 2002(3) RCR<\/p>\n<p>(Crl.) 861 (Harijana Thirupala and others versus Public Prosecutor, High<\/p>\n<p>Court of A.P., Hyderabad; (ii) 2004(2) RCR (Crl.) 940 (Shingara Singh<\/p>\n<p>versus State of Haryana and another, and (iii) AIR 2005 SC 2439 (State of<\/p>\n<p>UP versus Gambir Singh and others), if two views are possible, the view<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.480-DB of 2001                            13<\/span><\/p>\n<p>taken in favour of the accused by the trial Court should be accepted as the<\/p>\n<p>reasonable and possible view.\n<\/p>\n<p>            Accordingly, Criminal Appeal No. 480-DB of 2001 is allowed<\/p>\n<p>and Criminal Revision No.218 of 2002 is dismissed.<\/p>\n<pre>\n\n\n                                                 (UMA NATH SINGH)\n                                                       JUDGE\n\n\n\n1.7.2008                                             (A.N.JINDAL)\n   pk                                                   JUDGE\n\n\n\n<\/pre>\n<p>Whether this judgment be referred to Reporter or not? YES\/NO\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Vikram vs State Of Haryana on 1 July, 2008 Criminal Appeal No.480-DB of 2001 1 IN THE HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH Date of Decision : 01.07.2008 Vikram &#8230;..Appellant versus State of Haryana &#8230;..Respondent CORAM : HON&#8217;BLE MR.JUSTICE UMA NATH SINGH. HON&#8217;BLE MR.JUSTICE A.N.JINDAL. Present : Mr.R.S.Rai, Senior Advocate [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-12492","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Vikram vs State Of Haryana on 1 July, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/vikram-vs-state-of-haryana-on-1-july-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Vikram vs State Of Haryana on 1 July, 2008 - Free Judgements of Supreme Court &amp; 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