Back
ABHAY S. OKA, RAJESH BINDAL
Radhey Shyam – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Abhay S. Oka, J.
FACTUAL ASPECTS
1. The appeal is by accused nos.9, 2 and 1 respectively, who have been convicted for the offences punishable under Section 148 and Section 302 r/w Section 149 of the Indian Penal Code (IPC). There were 29 accused named in the charge sheet, out of which accused nos.1, 2, 5, 7, 9, 15, 17 and 20 were convicted by the Sessions Court and the remaining 21 were acquitted. By the impugned judgment, the High Court has upheld the conviction of the appellants.
2. There was a political rivalry between the family of the deceased Raghunath Singh and some of the accused persons who belong to the Ahir community and who had formed a party known as Azad party. The incident is of 16th April 1976. PW-6 Shiv Raj Singh, who is the brother of the deceased Raghunath Singh, lodged First Information Report (FIR). A group of Ahirs attacked the deceased. According to the prosecution case, PW nos.2, 3 and 4 were the eyewitnesses. The Trial Court discarded the testimony of PW-2 but believed the testimony of PW-3 Krishna, the minor, who was the daughter of the deceased, and PW-4 Kanwarbai, who is the mother of the deceased.
CONTENTIONS OF THE PARTIES
3. The learned counsel a
Murder - Unless eyewitnesses identify accused present in Court, it cannot be said that, based on testimony of eyewitnesses, guilt of accused has been proved.
(1) It is very unsafe to record a conclusion based only on testimony of solitary witness that guilt of accused was proved beyond reasonable doubt when no identification parade was held.(2) Common obj....
Culpable homicide not amounting to murder – When prosecution alleges that a particular person has committed offence, it is duty of prosecution to establish identity of accused as the person who has c....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The judgment underscores the principle that an acquittal should not be overturned without compelling evidence, emphasizing the importance of consistent and reliable witness testimonies in criminal ca....
Murder and disappearance of evidence – Reliance cannot be placed on such a TIP which is full of lacuna.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
Murder and hurt – Court cannot resort to undue discrimination in appreciation of evidence between similarly situated accused persons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
