In a Civil Revision against acquittal for alleged cow snatching, the High Court of Punjab and Haryana dismissed the petition, holding that the conviction failed tests of criminal incidence due to lack of dishonest intention evidence and flawed prosecution testimony.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 13581 of 2010 Date of Decision: 10.04.2013
Bhajno
........Petitioner
Versus
Sohan Lal and others
.......Respondents
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: - Mr. Manish Dadwal, Advocate for the petitioner
None for the respondents
AJAY TEWARI, J.(ORAL)
The instant petition has been filed against the concurrent orders of acquittal of the respondents. The allegation was that the respondents forcibly took away three buffaloes of the petitionercomplainant. The Magistrate held that the action was not due to any dishonest intention.
Learned Additional Sessions Judge, however, held that the complainant had not been able to prove that the respondents had taken away the buffaloes because the petitioner herself admitted before the Courts below that she was not present with the police when buffaloes were recovered and the second witness also denied the whole incident altogether.
In my considered opinion the petitioner had not been able to bring home the guilt against the respondents accused beyond reasonable doubt. Resultantly, no fault can be found from the orders of the Courts below.
The petition is dismissed.
(AJAY TEWARI) JUDGE
10.04.2013 reena
Bhajno
Sohan Lal and others
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
