SIDDHARTH, PRAVEEN KUMAR GIRI
Ibrahim – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Praveen Kumar Giri, J.—Heard Sri Ajay Kumar Mishra, learned counsel for the accused-appellants, Sri Prem Shankar Prasad, learned A.G.A. for the State-respondent and perused the record.
2. The above noted appeals have been filed against the judgment of conviction dated 7.1.2013 and the order of sentence dated 8.1.2013 passed by Special Judge (Prevention of Corruption Act), Meerut, in Sessions Trial No.358 of 2006 (State vs. Ibrahim and others) wherein the Trial Court has convicted accused-appellants under Sections 147, 302 read with Section 149 of IPC and sentenced them to life imprisonment under Section 302 read with Section 149 of IPC with fine of Rs.10,000/-, in case of default in payment of fine, further to undergo one year imprisonment and for two years’ imprisonment under Section 147 of IPC.
3. The Trial Court’s record is received and paper books are ready. With the assistance of learned counsel for the parties, the entire evidence is re-scrutinized and re-appreciated.
4. The prosecution story is that informant- Raees Ahmad, brother of deceased-Sharafat, had given a written report at the concerned police station stating therein that the house of accused-Ibrahim is in
Trimukh Maroti Kirkan vs. State of Maharashtra
De novo trial – Once examination-in-chief as well as cross examination of witnesses are already recorded and their evidence is complete, thereafter, if charges are altered/amended/added, Trial Court ....
In cases of honor killings, the burden of proof shifts to the accused when the crime occurs within their domain, requiring them to explain the circumstances.
The prosecution must prove guilt beyond reasonable doubt; reliance on hostile witnesses without corroborating evidence is insufficient for conviction.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The prosecution must prove guilt beyond reasonable doubt, and under Section 106 of the Evidence Act, the burden shifts to the accused to explain circumstances within their knowledge, especially when ....
The legal principle established is that the entire deposition of an eyewitness should not be discarded if some portion is found to be false, and the legal requirements for establishing guilt based on....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.