DHAN RAJ @ DHAND versus STATE OF HARYANA

DHAN RAJ @ DHAND versus STATE OF HARYANA

There are inconsistencies and gaps in circumstantial evidence; extra-judicial confession of co-accused is unreliable due to naming different accomplices in two confessions; recovery of stolen articles alone does not establish that appellants committed murder. None of the circumstances relied upon by prosecution form a complete and conclusive chain. The benefit of doubt must be given to the accused.

Parties
Appellant: Ohan Raj @ Dhand; Appellant: Badal; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
09 May 2014
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Convicting Appellants
Outcome
Appeals allowed; conviction set aside; accused acquitted.
Legal Topics
Murder, Robbery, Circumstantial Evidence, Extra Judicial Confession, Recovery of Stolen Property
Criminal Law Murder Robbery Circumstantial Evidence Extra Judicial Confession Recovery of Stolen Property

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Parties

Ohan Raj @ Dhand

Appellant

Badal

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Convicting Appellants

Legal Issues

  1. 1 Whether conviction can be sustained on basis of circumstantial evidence and extra-judicial confession of co-accused
  2. 2 Whether recovery of stolen articles alone is sufficient to connect appellants with murder

Ratio Decidendi

There are inconsistencies and gaps in circumstantial evidence; extra-judicial confession of co-accused is unreliable due to naming different accomplices in two confessions; recovery of stolen articles alone does not establish that appellants committed murder. None of the circumstances relied upon by prosecution form a complete and conclusive chain. The benefit of doubt must be given to the accused.

Court Disposition

Appeals allowed; conviction set aside; accused acquitted.

Orders

  • Judgment and order of High Court set aside.
  • Appellant in Criminal Appeal No.703/2011 already on bail.