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SURESHWAR THAKUR, DEEPAK MANCHANDA
Ramesh Saha @ Rooman Saha – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 19.9.2017, upon Sessions Case No. 21 of 6.6.2015, by the learned Additional Sessions Judge, Ludhiana, wherethrough in respect of charges drawn against the convict-appellant qua offences punishable under Sections 302, 397, 326, 452, 342 of the IPC, the learned trial Judge concerned, proceeded to record a finding of conviction against the convict-appellant.
2. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convict-appellant in the hereinafter extracted manner:-
| Name of the convict | Convicted under Section | Sentence imposed | In default of payment of fine |
| Ramesh Saha | U/s 302 IPC | Rigorous imprisonment for life and to pay a fine of Rs. 10,000/- | Further rigorous imprisonment for one year. |
|
| U/s 397 IPC | Rigorous imprisonment for seven years. |
|
|
| U/s 452 IPC | Rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- | Further rigorous imprisonment for six months. |
|
| U/s 342 IPC | Rigorous imprisonment for one year and to pay a fine of Rs. 1000/- | Further |
Conviction based on eyewitness testimony was quashed due to significant investigative failures, including lack of weapon recovery and forensic analysis, undermining the prosecution's case.
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
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.
The main legal point established in the judgment is the requirement for conclusive and creditworthy evidence to support the charges against the accused, especially in cases involving eyewitness testi....
The main legal point established in the judgment is the importance of probative value in witness testimonies, the validity of identification processes, and the need for consistent and credible eviden....
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 central legal point established in the judgment is the validity of the accused's exercise of the right of private defence.
The dying declaration was considered as potent incriminatory evidence, and the court emphasized its evidentiary worth and the corroboration provided by other evidence.
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