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1975 Supreme(SC) 55

A.ALAGIRISWAMI, M.H.BEG
Ram Kumar Pandey – Appellant
Versus
State Of M. P. – Respondent


Judgement Key Points

Key Points: - The appellant's conviction under Section 302/34 IPC was set aside, and conviction/sentence under 324 IPC was considered, with discussion on whether dying declarations and eye-witness testimony could sustain a 302/34 conviction (!) (!) (!) (!) (!) (!) . - The trial court's findings about place of stabbing and credibility of eye-witnesses were reviewed, noting that site plans did not show kitchen or blood evidence, affecting the determination of where stabbing occurred and who could witness it (!) (!) (!) . - The judgment emphasizes that where an acquittal is reviewed, the appellate court should not overturn it unless the record shows the trial court’s view is not reasonably sustainable, and it permits altering convictions only if the view favorable to conviction is at least as acceptable; it ultimately allows the State’s appeal against acquittal to convict under 302/34 only if warranted by evidence (!) (!) . - The High Court’s concurrent findings that all eye-witnesses did not witness at the time/place alleged and the omission of certain facts in the F.I.R. are considered significant in evaluating veracity and dying declarations (!) (!) (!) (!) (!) . - The Court ultimately allows the appeal, setting aside the 302/34 conviction and directing release if already served, and clarifies procedural posture regarding SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 certificates (!) (!) (!) . - Key factual dispute centers on whether Harbinder Singh was stabbed near the kitchen in the room or in the lane, and who could plausibly be witnesses to the stabbing (!) (!) (!) (!) .

Question 1?

Question 2?

Question 3?


Judgment

BEG, J.: - The sole appellant Ram Kumar Pandey aged 45 years, was tried together with Suresh Kumar, aged 20 years, and Mulkraj aged 45 years and Ramesh Kumar, aged 17 years, on two charges framed against him. These were:

"Firstly; That you on or about the 23rd day of March 1970 at Raipur, did an act, to wit, hit Uttam Singh with a knife with such intention or knowledge and under such circumstances, that if by that act, you had caused the death of Uttam Singh you would have been guilty of murder and that you caused grievous hurt to Uttam Singh by the said act and that you thereby committed an offence punishable under Section 307 I.P.C. and;

Secondly: That at the said time and place, you or some other persons did commit murder by intentionally or knowingly causing the death of Harbinder Singh and the said act was done in furtherance of the common intention of all and thereby committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and within the cognizance of the Court of Session".

2. Suresh Kumar, Mulkraj, and Ramesh Kumar, were accused of offences punishable under Sections 307/114 and Section 302 read with Sections 34 and 114 Indian Penal































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