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SURESHWAR THAKUR, KULDEEP TIWARI
Subhash @ Makkar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. convicts' appeals and sentences overview (Para 2 , 3 , 4 , 5) |
| 2. investigation procedures and findings (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. submissions and arguments from counsel (Para 19 , 20) |
| 4. court's analysis and rulings on evidence (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. final orders and case disposition (Para 27 , 28 , 29 , 30) |
JUDGMENT
Sureshwar Thakur, J.
Since both the criminal appeals arise from a common judgment, therefore, both are amenable for a common verdict becoming recorded thereons.
2. CRA-D-474-DB-2013 is directed by the convicts-appellants, against the verdict of conviction, as made on 26.03.2013, by the learned Additional Sessions Judge, Hisar, upon, Sessions Case No.65 of 2010, where through, in respect of charges drawn for offences punishable under Section 120-B IPC and under Section 302 of the IPC read with Section 149 IPC, he made a finding of conviction against the accused.
3. Moreover, through a separate sentencing order drawn on 01.04.2013, the learned trial Judge proceeded to impose upon the convict (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner :-
The court assigned preponderance to the credible eye witness account over the medical account and deemed the minimal digressions or contradictions in the witness's statements insignificant. The prese....
Vicarious liability of all members of an unlawful assembly for the commission of a fatal assault.
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....
Convict's involvement was upheld despite witness inconsistencies; acquittal overruled due to insufficient evidence evaluation by the trial court.
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 mere recovery of a body from an accused's statement is insufficient for conviction under murder charges; corroborative evidence is essential.
The court upheld convictions for murder against the appellants, affirming that eyewitness testimony, supported by corroborative evidence, was reliable, and distinctions made in witnesses did not affe....
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