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SHREE CHANDRASHEKHAR, MADAN GOPAL VYAS
State of Rajasthan – Appellant
Versus
Mohd. Juber @ Sheru S/o Abdul Shakur – Respondent
ORDER :
1. This Acquittal Appeal is directed against the judgment dated 13th July 2007 passed in Sessions Case No. 29 of 2007.
2. By the said judgment, Mohd. Juber, Gaffur Khan, Raish Mohd., Akhtar Hussain, Gulam Hussain, Bhupendra Giri and Jamil Khan were acquitted of the criminal charges framed against them under sections 148 and 302 of the Indian Penal Code; alternatively under section 302/149 and section 307 of the Indian Penal Code, or alternatively under section 307/149 and section 341 of the Indian Penal Code. The respondent No. 5, namely, Gulam Hussain was also acquitted of the charge under section 4/25 of the Arms Act.
3. As it appears from the judgment dated 13th July 2007, Jamil Khan was arrested after the charges against the other accused-respondents were framed and, therefore, a separate charge under section 302/120-B of the Indian Penal Code was framed against Jamil Khan.
4. On the basis of a report submitted to the Officer-in-Charge of Kotwali Chittorgarh P.S. Criminal Case No. 821/2004 was lodged under sections 147, 148, 149, 341, 323, 324, 302 and 307 of the Indian Penal Code. In course of the investigation, the dead body was sent for postmortem examination and his blo
The court established that acquittal is warranted when the prosecution fails to prove guilt beyond reasonable doubt, particularly when key witnesses turn hostile and evidence is insufficient.
The acquittal of accused in a murder case was upheld as the prosecution failed to prove guilt beyond reasonable doubt, highlighting the importance of credible evidence in criminal proceedings.
The acquittal of the accused was upheld due to insufficient evidence and contradictions in eyewitness testimony, emphasizing the need for corroboration in criminal cases.
A conviction under IPC requires reliable evidence and cannot solely rely on weapon recovery or forensic reports when eyewitnesses turn hostile.
The appellate court must respect the presumption of innocence and the trial court's findings unless there is a clear error or misreading of evidence.
Acquittal of the accused is upheld as the prosecution failed to prove guilt beyond reasonable doubt; suspicion cannot replace proof in criminal cases.
The appellate court must uphold acquittals unless the trial court's decision is perverse or lacks evidentiary support, reinforcing the presumption of innocence.
The appellate court can review acquittals but must respect the presumption of innocence and only intervene if the lower court's decision is perverse or legally flawed.
Murder – For trial under Section 302 IPC, if a witness is branded as untrustworthy having allegedly twisted facts and made contrary statement, it is not safe to impose conviction on the basis of stat....
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