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Friday, March 5, 2010

2010(1) LAW HERALD (P&H) 4 (SC)
IN THR SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice Mukundakam Sharma
The Hon’ble Mr. Justice B.S. Chauhan
Criminal Appeal No. 900 of 2006
Jaswinder Singh
v.
State of Punjab
{Decided on 19/08/2009}
For the Appellant: Ms. Anu Mehta, Mr. Rubinder Pal Ghumman, Mr. Harinder Mohan Singh, Advocates.
For the Respondent: Mr. Kuldip Singh, Mr. R.K. Pandey, Mr. H.S. Sandhu, Advocates.
Indian Penal Code, 1860, S.320 r/w S.34--Murder--Solitary eye-witness--PW-1 as also the complainant, is the person who opened the door so as to enable both the accused persons to enter the house at the time when the incident took place. He himself took both of them to the room where deceased was watching television with the complainant just before the occurrence--He had seen accused firing a shot with his pistol on the head of deceased while the other young man wearing a patka was catching hold of the deceased and saying that he (the deceased) should not be spared that day--Evidence of the solitary eye-witness also supported by the medical evidence and, therefore, there is no reason as to why such evidence should not be held to be trustworthy and reliable--PW-1 is the lone eye-witness of the crime who had seen the actual occurrence of the incident. He vividly described the whole occurrence that has occurred inside the room--No reason to disbelieve him--No dispute with regard to the identity of the accused - appellant--Appeal dismissed. (P.17 to 20)

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