State of Punjab v. Kulwant Singh @ Kanta
Case brief
What is this about?
State of Punjab v. Kulwant Singh @ Kanta, Criminal Appeal No. 493 of 2001, decided 16 July 2008, (2008) 10 SCR 1075 — appeal against acquittal; s. 378 CrPC (old s. 417) powers of appellate court; Chandrappa v. State of Karnataka (2007) 4 SCC 415 principles; double presumption of innocence; sole eye-witness PW-6 examined after a month; investigating officer not examined; abnormal delay in FIR; non-examination of informant Manjit Singh Mistri; unexplained delay in taking accused to hospital; non-explanation of serious injuries on accused (dragging on broken glass); ss. 302 & 307 IPC; death sentence and s. 366 CrPC reference; Sessions Judge Faridkot; High Court of Punjab and Haryana, Crl. Appeal No. 121-DB/1998; appeal dismissed, acquittal upheld.
What did the court decide?
None to the appellant-State; the State's appeal was dismissed and the acquittal directed by the High Court stands.