HEM SINGH @ HEMU versus STATE OF HARYANA

HEM SINGH @ HEMU versus STATE OF HARYANA

Identification evidence is unreliable as accused were unknown to witnesses and identified for the first time in court; no Test Identification Parade was conducted; weapons alleged to cause injury/death not recovered from accused; existence of common object not proved; murder of constable caused by service revolver of police, not by accused.

Parties
Appellant: Hem Singh @ Hemu; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
06 May 2009
Procedural Posture
Criminal Appeal / Appeal From Conviction by Trial and High Court
Outcome
Appeals allowed; conviction set aside.
Legal Topics
Identification Evidence, Common Intention, Arms Act, Murder Under IPC, Test Identification Parade
Criminal Law Identification Evidence Common Intention Arms Act Murder Under IPC Test Identification Parade

Case Brief

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Parties

Hem Singh @ Hemu

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction by Trial and High Court

Legal Issues

  1. 1 Reliability of identification for the first time in court
  2. 2 Proof of common intention or object among accused
  3. 3 Causation of death by accused's weapons

Ratio Decidendi

Identification evidence is unreliable as accused were unknown to witnesses and identified for the first time in court; no Test Identification Parade was conducted; weapons alleged to cause injury/death not recovered from accused; existence of common object not proved; murder of constable caused by service revolver of police, not by accused.

Court Disposition

Appeals allowed; conviction set aside.

Orders

  • Appellants directed to be set at liberty unless wanted in connection with any other case.