In a criminal miscellaneous matter filed by a prisoner, the Bench directed the trial court to conclude the entire evidence within three months to expedite the trial, noting that circumstantial evidence precludes a prima facie opinion of guilt at this stage.
Direction to the trial court to conclude the entire evidence within three months.
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Crl. Misc. No.M-16203 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-16203 of 2011. Date of decision: November 07, 2011.
Harcharan Singh.
.. Petitioner
VERSUS
The State of Punjab.
.. Respondent
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.A.K.Walia, Advocate, for the petitioner.
Mr.Kirat Singh Sidhu, DAG., Punjab.
M.M.S.BEDI, J (ORAL).
Whether the petitioner in connivance with Gurmeet Kaur wife of deceased Makhan Singh, had committed the murder of Makhan Singh is required to be determined on the basis of allegations in an FIR which was registered in July 2009 for an occurrence of 09.04.2009. Whether the petitioner was allegedly having illicit relations with Gurmeet Kaur as per her statement made to the police is also required to be determined.
State counsel informs that eight witnesses have already been examined.
Taking into consideration the fact that it is not a case of direct evidence, it has to be determined on the basis of
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Crl. Misc. No.M-16203 of 2011
various circumstances including the evidence of complainant having seen the petitioner loading the dead body. It will not be appropriate at this stage, to prima facie form an opinion regarding the involvement of the petitioner on the basis of all the circumstantial evidence gathered during investigation.
This petition is disposed of, at this stage, with a direction to the trial Court that entire evidence will be concluded within a period of three months as the petitioner has been in custody w.e.f., 29.07.2009. In case the trial is not concluded within the said period, the petitioner will be entitled to approach this Court after the expiry of said period.
(M.M.S.BEDI) JUDGE November 07, 2011. rka
...2
3 issues framed by the court
Whether the petitioner's involvement in the murder of Makhan Singh requires trial conclusion within three months.
Whether the petitioner should be granted time for a speedy trial while in custody.
Whether circumstantial evidence is sufficient at the current stage to form a prima facie opinion of guilt.
Harcharan Singh
The State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
