Back
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Amar Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. Leave granted.
2. Heard learned senior counsel appearing for the appellant.
3. The respondents were convicted by the Trial Court for the offences punishable under Sections 148, 302 and 149 of the Indian Penal Code, 1860 (for short ‘the IPC’). They were sentenced to undergo life imprisonment.
4. The prosecution case in brief is that at about 7.30 a.m. on 7th May, 2002, the accused No. 3-Hai Singh who was driving a truck gave a dash to deceased-Harish Chandra. The deceased was plying a bicycle and he was proceeding with milk cans to deliver milk. After a dash was given by the truck, the deceased fell down and thereafter, all the accused persons who were there attacked him with different weapons including Tyre Lever. Thereafter, the dead body was dragged and placed beneath the tyres of the truck so as to give a colour of an accident.
5. PW-2 Amar Singh and PW-7 Har Prasad are the two eyewitnesses. Their testimony was believed by the Trial Court. However, in appeal against conviction, for the reasons which are recorded in paragraph 10 of the impugned judgment, the High Court came to the conclusion that their testimony is required to be discarded and that is how the High Court ult
The appellate court must respect acquittals unless the findings are perverse or illegal, emphasizing the importance of credible eyewitness testimony.
Going by normal human conduct, accused would confess only to a person in whom he can repose faith.
A motive alone is insufficient for conviction without substantive evidence connecting the accused to the crime.
Test Identification Parade – Identification of accused in test identification parade by eyewitness, though not conclusive, may, in a given case, give credence to identification of accused before Cour....
In criminal cases, inconsistencies in witness testimonies create reasonable doubt, warranting the benefit of doubt to the accused, and appellate courts should not interfere unless the lower court's d....
A single witness's testimony can only sustain a conviction if wholly reliable; the presence of multiple hostile witnesses necessitates rigorous evidence scrutiny and adherence to the principle of par....
The prosecution must prove guilt beyond reasonable doubt; mere suspicion or lack of evidence leads to acquittal.
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
