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PANKAJ MITHAL, UJJAL BHUYAN
Abdul Wahid – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
1. This judgment and order will dispose of Criminal Appeal Nos. 722 and 1266 of 2012.
2. Criminal Appeal No. 722 of 2012 arises out of SLP (Crl.) No. 1764 of 2012 filed by Abdul Wahid and Babu (appellants herein). In this appeal, challenge has been made to the judgment and order dated 26.08.2011 passed by the High Court of Judicature for Rajasthan at Jaipur Bench (for short ‘High Court’ hereinafter) in D.B. Criminal Appeal No. 639 of 2003 whereby the High Court has upheld the judgment and order dated 10.03.2003 passed by the learned Additional Sessions Judge No. 4, Kota (‘trial court’ for short) in Sessions Case No. 13/1996 convicting the appellants under Sections 302/148 of the Indian Penal Code, 1860 (IPC). However, the High Court modified the conviction by holding the accused guilty of the offence punishable under Section 302 with the aid of Section 149 IPC while maintaining the sentence of life imprisonment.
2.1. Criminal Appeal No. 1266 of 2012 has been filed by Abdul Shakur (appellant herein) against the aforesaid judgment and order of the High Court dated 26.08.2011 affirming the judgment and order of the trial court and convicting the appellant under
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1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
Murder case - Conviction - murder of deceased which is proved beyond any reasonable doubt against A1 - But at the same time the Prosecution could not prove any overt act or active involvement of any ....
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
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