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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, RADHAKISHAN AGRAWAL
Gajanand, S/o Udari Yadav – Appellant
Versus
State of Chhattisgarh, Through Police Station City Kotwali – Respondent
JUDGMENT :
Radhakishan Agrawal, J
1. CRA No. 175 of 2020 - This criminal appeal, preferred by appellants No.1 to 5/accused persons under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment of conviction and order of sentence dated 29.11.2019 passed by the learned Special Judge (Atrocities), Balodabazar, District Balodabazar- Bhatapara (C.G.) in Special Sessions Case No.23/2016, whereby the appellants have been convicted and sentenced as under:—
(All sentences were directed to run concurrently)
2. ACQA No. 71 of 2020- This acquittal appeal, preferred by the appellant/complainant, arises out of the judgment dated 29.11.2019 passed by the Special Judge (Atrocities), Balodabazar, District Balodabazar-Bhatapara (C.G.) in Special Sessions Case No.23/2016, whereby the learned trial Court acquitted respondents/accused persons Nos.1 to 13 of the charges under Sections 148, 302/149, 307/149, 323/149 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Act, 1989”).
3. Since both the above captioned appeals arise out of the same Special Sessions Case No.23/2016, they are being heard togethe
Eyewitness testimony carries significant evidentiary weight; convictions can be sustained on reliable single eyewitness accounts without need for corroboration if found trustworthy.
The appellate court emphasized that minor discrepancies in eyewitness testimony do not undermine overall reliability, and the prosecution must prove guilt beyond reasonable doubt.
The appellate court reversed the acquittal of certain accused based on credible eyewitness testimony and medical evidence, convicting them under Section 304 Part-II of the IPC.
The conviction of the accused was reversed due to insufficient corroboration of eye-witness accounts and the potential for false implication stemming from previous enmity.
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
The prosecution must prove beyond reasonable doubt the involvement of the accused in the crime, and if the evidence leaves room for skepticism about the veracity of the testimonies of the prosecution....
Point of Law : Evidence let in by the prosecution has to be assessed carefully and cautiously and it should not be brushed aside. [Para 30]
The main legal point established in the judgment is that the reliability of eye-witness testimonies, minor discrepancies in evidence, and delay in recording statements of eye-witnesses should be cons....
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