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2011 Supreme(SC) 842

H.L.GOKHALE, P.SATHASIVAM
State of Rajasthan – Appellant
Versus
Arjun Singh – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The motive behind the criminal act is generally difficult for the prosecution to prove, as it involves understanding the mental state of the accused (!) .

  2. The fact that witnesses are related to the victims or witnesses does not automatically lead to rejection of their testimony; such testimonies can be credible if they are consistent and free from discrepancies (!) .

  3. The non-recovery of weapons or cartridges does not necessarily weaken the prosecution’s case if there is direct and credible evidence linking the accused to the crime (!) .

  4. The medical evidence showing gunshot injuries, along with the testimony of medical experts, supports the conclusion that injuries were caused by firearms, even if some discrepancies exist regarding the exact distance from which shots were fired (!) (!) .

  5. The prosecution's evidence, including eye-witness testimonies and medical reports, collectively establish the guilt of certain accused persons who fired guns resulting in deaths and injuries. The credibility of these witnesses is reinforced by their consistent statements and the medical findings (!) (!) .

  6. The absence of certain physical evidence, such as pellets or blood-stained clothes, does not negate the occurrence of the incident, especially when direct evidence and medical findings support the prosecution’s case (!) (!) .

  7. The case law recognizes that motive is not always necessary to establish guilt, particularly when there is direct evidence of the act, such as eyewitness testimony and medical reports indicating firearm injuries (!) .

  8. Witnesses who are related to the victims or interested parties are not automatically discredited; their testimonies are to be evaluated carefully and can be accepted if consistent and credible (!) (!) .

  9. The evidence indicates that the accused acted with a common intention, firing guns from a roof, which resulted in the deaths and injuries. The courts found the evidence sufficient to uphold convictions for these acts (!) (!) .

  10. The courts’ decisions to uphold or modify convictions are based on a thorough analysis of the evidence, including witness credibility, medical reports, and the circumstances of the case. The appeals challenging these findings were dismissed, affirming the original judgments (!) (!) (!) (!) .

Please let me know if you need further analysis or assistance with this case.


JUDGMENT

P.Sathasivam, J. —

1) These appeals are filed against the common final judgment and order dated 26.04.2002 passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Criminal Appeal Nos. 504, 533 and 673 of 1995 whereby the High Court disposed of the appeals acquitting Karan Singh, Laxman Raigar, Bahadur Singh, Smt. Swaroop Bai, Smt. Gyan Kanwar and Smt. Bhagwan Kanwar of all the charges and altered the conviction and sentence of Shivraj Singh, Banney Singh and Arjun Singh from Sections 302/149 IPC and 307/149 IPC to Section 302/34 and 307/34 IPC passed by the trial Court.

2) Brief facts:

(a) On 24.12.1991, at about 09:30 a.m., an information was received by the In-charge, Police Out-post Anwa that cross firing had taken place between the Rajputs of that village. After recording the said information in Rojnamcha (Ex. P31), immediately the police proceeded towards the spot and recorded Parchabayan of injured Himmat Raj Singh (Ex. P32) at about 11.40 a.m. It was stated by Himmat Raj Singh (since deceased) that at 9.30 a.m., when he was standing outside his house, Arjun Singh fired at him from a muzzle loaded gun from the roof of Karan Singh thereby 2-

















































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