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ANIL KUMAR UPADHYAY
State Of Bihar – Appellant
Versus
Onkar Nath Singh @ Sheru Singh – Respondent
JUDGMENT
Kumar Upadhyay, J. - Both Death Reference No. 3 of 2016 and Criminal Appeal (DB) No. 587 of 2016 have been heard at length and Judgment was reserved on 16.01.2020. Both Death Reference No. 3 of 2016 and Criminal Appeal (DB) No. 587 of 2016 are being decided by this common judgment.
2. At about 10.30 a.m. the fardbeyan of the informant Anand Keshri (PW 1) was recorded with regard to the incident of murder of Rajendra Keshri, proprietor of Bhojpur Chuna Bhandar at 09.05 a.m. In his fardebayn the informant has stated that when he had gone to purchase Paint at the shop of his cousin brother Rajendra Keshri, three persons riding on the motorcycle came and stopped their motorcycle in front of shop. Out of three, two got down from the bike and out of two, one was standing facing road and the other armed with pistol came and made indiscriminate firing over Rajendra Keshri. The third person remain seated over the motor-cycle and after firing all three escaped. He claimed that he can identify the culprit. It is stated that the injured was taken to Sadar Hospital where he was declared dead. The police recorded the fardbeyan of the informant at the Hospital in presence of Gopal Keshri.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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