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THE STATE OF PUNJAB v. HARBANS SINGH @ KALA AND ETC.

Supreme Court of India | Diary 21696/2019

Status

Order

Decided On

2024-12-12

Bench

HON'BLE MR. JUSTICE SANJAY KAROL, HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

THE STATE OF PUNJAB

Respondent

HARBANS SINGH @ KALA AND ETC.

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Full Judgment Text

CRL. A. NOS.5240-5241 OF 2024

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.5240-5241 OF 2024 (@ SLP (CRL) NOS. 6930-6931/2019)

THE STATE OF PUNJAB APPELLANT

VERSUS

HARBANS SINGH @ KALA ETC. RESPONDENTS

O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appeal has been preferred by the State of Punjab against the

judgment and order dated 29.11.2018 passed by the High Court in CRA-S-3330-

SB-2017 and CRA-D-1-DB-2018, Harbans Singh @ Kala etc. vs. State of Punjab,

whereby the High Court has reversed the judgment and order of conviction passed

by the trial Court and has acquitted the respondents.

4. The submission of learned counsel for the appellant is that the judgment

and order of the High Court is virtually a non-speaking order inasmuch as it only

narrates the facts and describes the evidence but without analyzing the same or

giving any reasoning, has concluded to acquit the respondents.

5. We have perused the impugned order passed by the High Court and we

are satisfied that it contains no reasons whatsoever for acquitting the respondents.

The judgment fails to point out any error or illegality in the order of conviction

1

CRL. A. NOS.5240-5241 OF 2024

passed by the trial Court. The mere fact that the witnesses have turned hostile, is

not sufficient enough to record acquittal without analyzing the entire evidence on

record.

6. In view of the aforesaid facts and ...

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