State v. Jagdish Chand
Case brief
What is this about?
The State filed a second appeal challenging the acquittal of respondents by the First Appellate Court. The High Court held that the First Appellate Court had formed a possible view by appreciating medical and eyewitness evidence critically. Affirming the acquittal, the Court dismissed the State's appeal against the First Appellate judgment.
What did the court decide?
The appeal filed by the State is dismissed and the judgment of the First Appellate Court remains unaltered.
What the court decided
Neutral Citation No. ( 2024:HHC:5087 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Appeal No. 505 of 2012 Reserved on: 02.07.2024 Date of Decision: 12.07.2024.
State of H.P. ...Appellant Versus Jagdish Chand and others ...Respondents
Coram
Hon’ble Mr. Justice Rakesh Kainthla , Judge. Whether approved for reporting?1 Yes
For the appellate/State: Mr. Lokender Kutlehria, Additional Advocate General. For the Respondent : Mr. J.R. Poswal, Advocate.
Rakesh Kainthla, Judge
The present appeal is directed against the judgment dated 4.6.2012, passed by learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P., vide which the appeal filed by the respondents (accused before the learned Trial Court) was allowed and the judgment and order passed by learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. (learned Trial Court) was set-aside. (The parties shall hereinafter be
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
Issues for consideration
3 issues framed by the court
Whether the High Court was justified in dismissing the State's second appeal against the acquittal of the respondents.
Whether the High Court ought to have interfered with the First Appellate Court's finding that the prosecution evidence was not proved beyond reasonable doubt.
Whether the judgment of the First Appellate Court rejecting eyewitness testimony as that of chance witnesses was a possible view.
Parties & counsel
- appellant
State of H.P.
- respondent
Jagdish Chand
- respondent
other accused
Coram
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · July
- Registered
- Case no.
- CR.A/505/2012
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