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SURESHWAR THAKUR, SUDEEPTI SHARMA
Sagar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SURESHWAR THAKUR, J.
1. The instant appeal is directed against the verdict drawn on 13.03.2019, upon Sessions Case No.SC/11/2019, instituted on 18.01.2019/ 28.02.2019, by the learned Additional Sessions Judge, Kaithal, wherethrough, in respect of a charge drawn for an offence punishable under Section 302 of IPC, he recorded a verdict of conviction against the convict. Moreover, through a separate sentencing order of 14.03.2019, the learned trial Judge concerned, imposed, upon, the convict the substantive sentence of 14 years of rigorous imprisonment.
2. The period spent in prison by the convict, during investigation or trial, was, in terms of Section 428 of Cr.P.C., ordered to be set off from the above imposed substantive sentence(s) of imprisonment, upon the convict.
3. The convict becomes aggrieved from the above drawn verdict of conviction besides also becomes aggrieved from the above drawn order of sentence, thus, he is led to institute thereagainst the instant appeal before this Court.
FACTUAL BACKGROUND
4. The case of the prosecution is that, on 21.10.2018, one telep
The court upheld the conviction under Section 302 IPC based on credible eyewitness testimony and corroborative forensic evidence linking the appellant to the murder.
The establishment of mens rea through eyewitness accounts confirms collective criminal liability among participants in a murder, as vicarious responsibility persists even with varying roles in the ac....
The court applied exception 4 to Section 300 of the IPC to determine the appropriate charges and convictions based on the nature of injuries and the circumstances of the incident.
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
The prosecution must prove guilt beyond reasonable doubt, and weak evidence or absence of corroboration undermines conviction in murder cases.
The right to self-defense is limited by the necessity of proportionality and cannot be claimed when the defender has superior numbers and uses lethal force.
Vicarious liability of all members of an unlawful assembly for the commission of a fatal assault.
The central legal point established in the judgment is the reliance on credible evidence, including ocular witness testimony, medical evidence, and corroborative disclosure statements and recoveries,....
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