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RAJNESH OSWAL, MOHAN LAL
Sanjeev Kumar – Appellant
Versus
State of Jammu and kashmir – Respondent
JUDGMENT :
Rajnesh Oswal, J.-This appeal has been preferred against the judgment of conviction dated 24.12.2013 and order of sentence dated 26.12.2013 passed by the learned Sessions Judge, Kathua (hereinafter to be referred as the trial court), in File No. 29/Sessions titled “State versus Sanjeev Kumar & Anr” whereby the appellants have been sentenced to imprisonment for life and a fine of Rs. 10,000/- each for commission of offence under section 302 RPC. Besides, the appellants have also been sentenced to undergo imprisonment for one month for commission of offence under section 341 RPC.
2. The aforesaid judgement has been assailed on the ground that the learned trial court has not rightly appreciated the evidence available on record and has not taken into consideration the major contradictions and improvements made by the prosecution witnesses in their statements recorded before the trial court. It is also stated that the disclosure statement and recovery effected in the case are inconsequential and in no manner connect the appellants with the commission of crime. Besides this, it is also averred that the medical evidence produced by the prosecution runs contrary to the version of
: Conviction can be recorded on the basis of statement of a solitary eye witness provided the witness is trustworthy.
The reliability of an injured eye-witness testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
The testimony of injured eyewitnesses is accorded special status, supporting conviction based on consistent accounts despite one witness turning hostile, establishing the appellant's guilt with corro....
The injured eye-witnesses' testimonies were accorded a special status in law, and the court relied on their evidence to establish guilt.
The court established that a common intention among co-accused can lead to joint liability for murder, even if not all participants inflicted the fatal blow, provided their actions collectively demon....
The main legal point established in the judgment is the requirement for trustworthy and credible evidence, as well as the need for corroboration when relying on a solitary eyewitness. The court also ....
The main legal point established in the judgment is the requirement for the prosecution to present credible and reliable evidence to prove the guilt of the accused beyond reasonable doubt in a crimin....
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