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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MAHENDAR KUMAR GOYAL, SAMEER JAIN
Muneem, S/o. Banee Singh – Appellant
Versus
State of Rajasthan, Through PP. – Respondent
JUDGMENT :
Mahendar Kumar Goyal, J.
This criminal appeal is preferred by the accused-appellants (for short-'the appellants’) assailing the judgement dated 19.09.2018 passed by the learned Additional Sessions Judge, Karauli (for short-'the learned trial court’) in Sessions Case No.61/2015 (104/15) CIS 917/2015 whereby, the appellants have been convicted and sentenced as under:
Appellant No.1- Muneem
Section 302 IPC: Life imprisonment and fine of Rs.10,000/-; in default whereof, three months additional simple imprisonment.
Section 307 IPC: Ten years rigorous imprisonment and fine of Rs.10,000/-; in default whereof, three months additional simple imprisonment.
Section 3/25 Arms Act: Three years simple imprisonment and fine of Rs.3,000/-; in default whereof, one month additional simple imprisonment.
All the sentences to run concurrently.
Appellant No.2- Banee Singh
Section 302/34 IPC: Life imprisonment and fine of Rs.10,000/-; in default whereof, three months additional simple imprisonment.
Section 307 IPC: Ten years rigorous imprisonment and fine of Rs.10,000/-; in default whereof, three months additional simple imprisonment.
2. Both the sentences to run concurrently.
3. The relevant facts, in nu
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
The consistency and reliability of witness testimony are crucial in establishing the guilt of the accused beyond a reasonable doubt.
Point of Law : Obviously, enmity was existing between both the sides and some altercation is stated to have taken place which has been trid to be coloured differently by the prosecution witnesses.
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
The prosecution must establish the chain of circumstances so complete that the possibility of any other hypothesis is negated. Inconsistencies in the evidence of eyewitnesses may be a ground for disb....
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