2014 Supreme(All) 132

ALLAHABAD HIGH COURT
BEFORE : AMAR SARAN AND MRS. SUNITA AGARWAL, JJ.
GIRJA SHANKAR @ RAM SHANKAR AND OTHERS ....Appellants
Versus
STATE OF U.P. ….Respondent
(Criminal Appeal No. 294 of 1983, decided on 16th January, 2014)

Headnote:(Indian) Penal Code, 1860—Section 302/34—Arms Act, 1959—Section 25—Criminal Procedure Code, 1973—Sections 107, 116 and 313—Evidence Act, 1872—Section 27—Murder—Eye-witness—Conviction—Sustainability of—Criminal proceeding pending between parties—Presence of informant not doubtful—Recovery of weapon of crime at pointing out of appellant—Testimony of informant/eye-witness corroborated by medical evidence—Evidence of exhortation is considered to be evidence of weak nature—Conviction/Sentence modified.