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2009 Supreme(AP) 517

D.S.R.VERMA, B.SESHASAYANA REDDY
Mayank Bohra – Appellant
Versus
State of A. P. – Respondent


Advocates appeared:
For the Appellant :K. Suresh Reddy, Advocate.
For The Respondent: Public Prosecutor.

Judgement Key Points

Key Points: - The appeal is against the judgment convicting the appellant for offences under Sections 302, 397, 364-A, 307, 506-Part II of IPC and 25(1B)(a) of the Arms Act (!) . - The appellant was found guilty and sentenced to life imprisonment for murder and kidnapping for ransom, among other offences (!) . - The prosecution's case involved a planned kidnapping and ransom attempt influenced by crime movies (!) . - The victim, Dulichand Surana, was abducted and subsequently killed, while his wife, Manju Surana (PW.2), was also injured (!) . - PW.2 Manju Surana is an injured witness whose testimony is corroborated by other witnesses and medical evidence (!) (!) . - The court noted that minor discrepancies on trivial matters do not affect the core of the case, and the testimony of an injured witness lends support to their presence during the occurrence (!) . - The appellant's conviction under Section 25(1B)(a) of the Arms Act was not sustained due to a lack of evidence proving the weapon was in a serviceable condition (!) (!) . - The court found it difficult to give authenticity to the reports of scientific officers regarding handwriting and fingerprints due to procedural gaps in their collection (!) . - The conviction and sentence for offences under IPC sections 302, 397, 364-A, 307, and 506-Part II were confirmed (!) . - The appeal was partly allowed, setting aside the conviction under the Arms Act (!) .

What is the legal validity of convictions under Section 25(1B)(a) of the Arms Act when the firearm's serviceable condition is not proven?

What is the evidentiary value of an injured witness's testimony when there are minor discrepancies?

What are the implications of taking specimen fingerprints and handwriting samples without a magistrate's order?


Judgment :-

B. Seshasayana Reddy, J.


This Criminal Appeal is directed against the judgment dated 17.10.2006 passed in Sessions Case No.206 of 2002 on the file of the Metropolitan Sessions Judge, Hyderabad, whereby and where under the learned Metropolitan Sessions Judge found A1-Mayank Bohra guilty for the offences under Sections 302, 397, 364-A, 307, 506-Part II of IPC and 25(1B)(a) of Arms Act and convicted him accordingly and sentenced him to suffer life imprisonment and to pay a fine of Rs.100/- for the offence under Section 302 IPC; life imprisonment and fine of Rs.100/- for the offence under Section 364-A IPC; rigorous imprisonment for seven years for the offence under Section 307 IPC; rigorous imprisonment for seven years for the offence under Section 397 IPC; rigorous imprisonment for three years for the offence under Section 506-Part II IPC and rigorous imprisonment for two years for the offence under Section 25(1B)(a) of the Arms Act while recording acquittal of A2 Khurminal Doungel alias Boon for the offence under Section 25(1)(a) of Arms Act.


2. The case of the prosecution, in brief, is:


(a) A1-Mayank Bohra imbibed ambition to become rich by hook or crook. He got influen


















































































































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