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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, ANIL KUMAR UPMAN
Kallu @ Yogendra, Son of Shri Mool Chand – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
JUDGMENT :
Anil Kumar Upman, J.
1. The instant Criminal Appeal has been filed by the accused- appellants under Section 374 of Cr.P.C. being aggrieved of the judgment dated 05.10.2021 passed by learned Additional Sessions Judge No.1, Tijara, District Alwar in Sessions Case No.85/2014 whereby they have been convicted for offences punishable under Sections 302 & 302/34 of IPC and Section 3/5 of Arms Act and sentenced as under :
2. Both sentences were ordered to be run concurrently.
3. The brief facts of the case are that the complainant, Baney Singh (PW-2), filed a report (Ex-P/2) stating that on 07.05.2014, between approximately 7:30 and 8:00 AM, his brother, Mahendra Tanwar, was returning home after dropping his nephew at the bus stop for school. During this time, Mahendra Tanwar was shot and killed by unknown assailants, who were standing near an ironing shop located in the Chowk of Sector 7. According to the complainant, there were three accused, one of whom appeared stout while the other two appeared to be childlike. They were reportedly riding a black Pulsar motorcycle without a number plate. On the basis of said report, an FIR No.162/2014 (Ex.P/51) was registered at the Police Stat
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
In cases of direct evidence, the presence or absence of motive is less significant, and credible eyewitness testimony can suffice to establish guilt beyond a reasonable doubt.
The main legal point established in the judgment is the reliance on trustworthy and reliable testimony of prosecution witnesses, despite their relationship to the deceased, to establish the guilt of ....
The court's decision emphasized the importance of considering the nature of the charges, evidence, and punishment in bail applications, as well as the need to carefully evaluate inconsistencies in th....
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
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