JARNAIL SINGH versus STATE OF PUNJAB

JARNAIL SINGH versus STATE OF PUNJAB

Since the co-accused who caused the fatal injury was acquitted, section 34 IPC cannot apply and the appellant is liable only for injuries caused by his own act which did not result in death. Conviction under section 302 IPC is not sustainable; conviction under section 307 IPC for attempt to murder is appropriate.

Parties
Appellant: Jarnail Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
23 November 1995
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence by High Court
Outcome
Appeal partly allowed
Legal Topics
Indian Penal Code Section 302, Indian Penal Code Section 307, Indian Penal Code Section 34, Burden of Proof, Benefit of Doubt, Evidence Act
Criminal Law Indian Penal Code Section 302 Indian Penal Code Section 307 Indian Penal Code Section 34 Burden of Proof Benefit of Doubt Evidence Act

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Parties

Jarnail Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence by High Court

Legal Issues

  1. 1 Whether evidence found unacceptable against some accused can be relied upon to convict other co-accused
  2. 2 Whether conviction under section 302 IPC is sustainable when fatal injury caused by acquitted co-accused
  3. 3 Whether evidence of a defence witness examined for one accused can be used against another

Ratio Decidendi

Since the co-accused who caused the fatal injury was acquitted, section 34 IPC cannot apply and the appellant is liable only for injuries caused by his own act which did not result in death. Conviction under section 302 IPC is not sustainable; conviction under section 307 IPC for attempt to murder is appropriate.

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence under section 302 IPC set aside
  • Appellant convicted under section 307 IPC