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PANKAJ BHANDARI, BIRENDRA KUMAR
Bhagwati – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT
Birendra Kumar, J. - The appellants above named faced trial in Sessions Case No.07/2015 arising out of FIR No.406/2014 registered with Police Station Kanchanpur. The learned trial Judge found appellant Bhagwati guilty under Section 302 of IPC. Other appellants were found guilty under Section 302/34 of IPC and all the appellants were further found guilty under Sections 336/34 and 307/34 of IPC. Imprisonment for life was awarded to all the appellants for offences under Sections 302/34 and 307/34 of IPC. Fine of Rs.1,000/- and in default of payment of fine, two months simple imprisonment was also ordered. For the offence under Section 336/34 of IPC, one month simple imprisonment was awarded.
2. On the date of judgment by the learned trial Judge, appellant Dhani Ram was not present hence, by the impugned judgment dated 03.06.2017, rest three were found guilty and sentenced as above, whereas appellant Dhani Ram was convicted by the impugned judgment dated 05.06.2017 and was sentenced on the same day. Hence the two appeals aforesaid.
3. The prosecution case as disclosed in the FIR is that on 12.12.2014 at about 07:30 A.M., informant (PW.1) along with his cousin brother Komal Singh
The judgment underscores the principle that the prosecution must establish guilt beyond reasonable doubt, particularly when eyewitness testimony is contradicted and evidence is lacking.
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
The court emphasized that an anti-timed FIR and inconsistent witness testimonies undermine the prosecution's case, leading to the acquittal of the accused.
Eyewitness testimony from relatives can be credible; common intention can be established from the conduct surrounding the crime, not requiring elaborate prior planning.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
The quality of evidence and prompt lodging of the FIR are crucial in establishing guilt in criminal cases.
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