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MUKTA GUPTA, ANISH DAYAL
Vijay Saini @ Ram Singh – Appellant
Versus
State – Respondent
JUDGMENT
Anish Dayal, J. - This appeal assails the judgment of the learned Trial Court dated 31st October, 2017 convicting the appellant for offences punishable under Section 302 IPC, Sections 25 (1B) (a) and 27(1) Arms Act and order on sentence dated 7th November, 2017 awarding the sentence of life imprisonment to the appellant for offence punishable under Section 302 IPC alongwith fine of Rs. 2000/-, rigorous imprisonment for one year for offence under Section 25 (1B) (a) Arms Act and fine of Rs. 1000/-, rigorous imprisonment for 3 years for offence under Section 27 (1) Arms Act and fine of Rs. 1000/-, additional rigorous imprisonment for 3 months in default of payment of fine. All sentences to run concurrently.
The impugned judgment of the learned Trial Court had also convicted two other co-accused Tabrez Ahmed @ Sameer and Ashraf Ali @ Fuddey for offence punishable under Section 212/34 IPC and Sheikh Shekhu for offence punishable under Section 25 (1B) (a) Arms Act and the sentence awarded to them was for the period already undergone by them respectively and the fine of Rs. 1000/- each was deposited by them since they did not wish to challenge their conviction and sentence.
The Inc
The main legal point established in the judgment is the reliance on circumstantial evidence, including motive, presence at the scene, subsequent conduct, and recovery of the weapon, to prove the guil....
The court affirmed the appellant's conviction for murder based on circumstantial evidence and established motive, highlighting the premeditated nature of the crime.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
In cases of circumstantial evidence, the chain of events must be complete and unbroken. Conviction cannot rest on inadmissible police statements or unverified recoveries. Failure to establish motive,....
A conviction can be sustained on the testimony of a single eyewitness if deemed credible, despite challenges regarding corroboration and the absence of the Investigating Officer.
A conviction based on circumstantial evidence requires a complete, unbroken chain of evidence. Improvements in oral testimonies, failure to link weapons through forensic reports, and recoveries from ....
The main legal point established in the judgment is the requirement for caution in considering the weight of a dying declaration, the need for corroboration from independent witnesses, and the admiss....
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
The prosecution has the onus of proving the guilt of the accused beyond reasonable doubt. Once the prosecution has discharged its onus, the burden shifts to the accused to prove his innocence.
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