SIDDHARTH MRIDUL, GAURANG KANTH
Vinod Kumar – Appellant
Versus
State (GNCT of Delhi) – Respondent
JUDGMENT :
GAURANG KANTH, J.
1. The present Appeal has been preferred by the Appellant under Section 374(2) of Criminal Procedure Code, 1973 (hereinafter referred to as ‘Cr.P.C’) impugning the Judgment dated 24.05.2022 (hereinafter referred to as ‘Impugned Judgment’) and Order on sentence dated 08.07.2022 (hereinafter referred to as ‘Impugned Order’) passed by Sh. Pooran Chand, learned Additional Sessions Judge-02 (West), Tis Hazari Court, New Delhi (hereinafter referred to as ‘Trial Court’) in Sessions Case No. 57716/2016, titled as State v. Vinod Kumar, emanating from FIR No. 154/2016, registered in PS Punjabi Bagh under Section 302/34 of Penal Code, 1860 (hereinafter referred to as ‘IPC’) and 25/27/54/59 Arms Act.
2. By way of Impugned Judgment, the Appellant was convicted by the learned Trial Court for committing the offences under Section 302/34 IPC and 25/27/54/59 Arms Act. Vide the Impugned Order, the Appellant was sentenced to : (a) rigorous imprisonment for life for offences under Section 302/34 IPC along with fine of Rs. 10,000/-, in default of which a further rigorous imprisonment for 6 months; (b) to rigorous imprisonment for one year for offence under Section 25 Arms Act
Bhagwan Singh v. State of Haryana
Devraj v. State of Chhattisgarh
Khem Karan v. State of U.P. (1974) 4 SCC 603 : 1974 SCC (Cri) 639 : AIR 1974 SC 1567
Khujji v. State of M.P. (1991) 3 SCC 627 : 1991 SCC (Cri) 916
Padam Singh v. State of U.P. (2000) 1 SCC 621
Rabindra Kumar Dey v. State of Orissa
Syad Akbar v. State of Karnataka
Sukhar v. State of U.P. (1999) 9 SCC 507
In a case of circumstantial evidence, the absence of motive is not always fatal to the prosecution case.
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The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
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 central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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