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SURESHWAR THAKUR, KULDEEP TIWARI
Deepak – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J.
The instant appeal is directed against the impugned verdict, as made on 28.10.2016, upon Sessions Case No. 20 of 2016, by the learned Additional Sessions Judge, Panipat. Through the above said verdict, the learned trial Judge concerned, convicted the accused, for the commission of offences punishable, under Sections 363 , 366, and, under Section 302 of the IPC. However, the convict-appellant was acquitted of the charges framed against him under Section 376(2) of the IPC, and, under Section 6 of the POCSO Act, 2012. Moreover, through a separate sentencing order, drawn on 29.10.2016, the learned trial Judge concerned, sentenced the convict to undergo rigorous imprisonment for a period of three years, for an offence punishable under Section 363 of the IPC, besides also imposed, upon the convict sentence of fine comprised in a sum of Rs. 2,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo simple imprisonment for a period of ten days. Further, the learned trial Judge concerned, also sentenced the convict to undergo rigorous imprisonment for a period of five years, for an offence punishable under Section 366 of the IPC, besi
The evidence presented was insufficient to sustain the charges under Sections 302/201 of IPC, leading to acquittal.
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 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 mere recovery of a body from an accused's statement is insufficient for conviction under murder charges; corroborative evidence is essential.
The main legal point established in the judgment is the reliance on credible evidence, including witness testimonies, confession of guilt, recovery of the crime weapon, and forensic report, to uphold....
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 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.
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