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SHREE CHANDRASHEKHAR, MADAN GOPAL VYAS
State of Rajasthan – Appellant
Versus
Ugam Singh S/o Shri Bhopal Singh – Respondent
ORDER :
1. This acquittal appeal has been filed to challenge the judgment rendered in Sessions Case No. 47 of 1992 on 13th September 1995 and the order of sentence passed against Hukam Singh, Madan Singh and Phool Singh on the same day.
2. In Sessions Case No. 47 of 1992, the aforementioned convicts were sent up for trial on the charge under section 302 and section 302 read with section 34 of the Indian Penal Code. The prosecution case as narrated by the informant Arjun Singh is that on 22nd July 1992 the accused persons attacked his father Bhanwar Singh and caused serious injuries on his head and body with a common intention to cause his death. On the basis of his written statement given to the Officer In-charge of Desuri around 2.30 pm on 2nd July 1992, a first information report vide Case No. 60 of 1992 was registered against the accused persons under Section 302 read with 34 of the Indian Penal Code. The Investigating Officer prepared inquest report and sent the dead body of Bhanwar Singh for post-mortem examination. This is the case of prosecution that on the basis of the disclosures given by the accused persons the crime weapon was recovered and sent for chemical examination to
The court upheld the acquittal due to insufficient evidence of intent to kill, emphasizing the presumption of innocence in criminal cases.
The judgment emphasizes the principles regarding the powers of the Appellate Court in dealing with appeals against acquittals, including the double presumption in favor of the accused and the require....
The prosecution must establish charges beyond reasonable doubt, especially when witness credibility is in question.
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The prosecution must prove guilt beyond reasonable doubt, with the trial court's acquittal upheld due to insufficient evidence against the accused under murder charges while their conviction for grie....
The court upheld the trial court's acquittal on murder charges citing insufficient evidence, while affirming the conviction for grievous and simple hurt based on reliable testimonies.
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
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