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RAJNESH OSWAL
Apdes Pratap Singh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. This appeal is directed against the judgment of conviction dated 03.04.2007 and order of sentence dated 10.04.2007 passed by the learned Sessions Judge, Budgam (hereinafter to be referred as “the trial court”) in case titled “State vs. Apdesh Pratap Singh” in file No. 64/Sessions, whereby the learned trial court in charge sheet arising out of FIR No. 246 of 2001 of Police Station, Saddar under Sections 302, 307, 309 RPC, has convicted the appellant for commission of offences under Sections 304-II, 307 and 309 RPC. The appellant has been sentenced to seven years rigours imprisonment and a fine of Rs.5,000/- under Section 304-II RPC, in default of payment of fine, he has been directed to undergo six months simple imprisonment. He has also been sentenced to seven years rigours imprisonment under Section 307 RPC. The appellant has been further sentenced to six months simple imprisonment and fine of Rs.500/- under Section 309 RPC, in default of payment of fine, he had been directed to undergo simple imprisonment for one month. All the sentences awarded were directed to be run concurrently.
2. This appeal has been filed by the appellant on the ground that the learned trial co
The suspicion, no matter how strong, cannot take the place of proof beyond reasonable doubt. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt.
The main legal point established in the judgment is the reliance on direct evidence, including confessional statements and the recovery of the crime weapon and ammunition, to establish the appellant'....
The prosecution failed to substantiate charges beyond reasonable doubt, leading to the acquittal of the appellant.
The conviction for attempted murder was upheld based on reliable witness testimony and corroborative forensic evidence, establishing the prosecution's case beyond reasonable doubt.
The prosecution must prove guilt beyond a reasonable doubt; if evidence allows for two reasonable conclusions, the one favoring the accused prevails.
Conviction for murder can be replaced with culpable homicide not amounting to murder if the act was committed without premeditation and under provocation.
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