Prem Singh v. Jaspal Singh and Ors.
Case brief
What is this about?
CRR-136-2010 (O&M) criminal revision by complainant Prem Singh against acquittal of Narinder Singh and grant of probation to Jaspal Singh, Krishan, Nepal Singh, Des Raj and Surinder Singh (respondent Nos.1 to 5) by judgment dated 27.07.2009; maintainability under Section 378(1) of the 1973 Code (State appeal limited to pre-31.12.2009 acquittals); revisional jurisdiction under Section 401 of the 1973 Code; refusal to disturb acquittal on possibility of two conclusions; double presumption of innocence; benefit of doubt; defence evidence of absence (DW1 Sandeep Kumar, DW2 Nathu, Fard issued 28.11.1990); Section 4 Probation of Offenders Act; expiry of probation period rendering challenge infructuous; reliance on Jitender's report and Ganesh Dutt Kaushik's judgment (Co-ordinate Bench); State of Punjab v. Kuldip Singh 2007(2) RCR (Criminal) 670; Sections 148/323/325/149/506 IPC; Section 313 statement.