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Sandeep @ Pintu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manish Kumar, J.
1. This criminal appeal has been filed by the appellant against the judgment and order dated 16.01.2010 passed by the Additional Sessions Judge, Ambedkar Nagar in Sessions Trial No. 24 of 2003, arising out of Crime No. 192 of 2002 under Section 302/34 of the Indian Penal Code (hereinafter referred to as, the IPC), registered at Police Station Kotwali Tanda, District Ambedkar Nagar convicting the appellant Sandeep @ Pintu and sentencing him for imprisonment for life.
2. Heard Shri Anil Kumar Tiwari, learned counsel for the appellant and Shri Umesh Verma, learned AGA for the State and perused the impugned judgment and order passed by the trial court and also the lower court record.
3. As per the prosecution case, on 02.09.2002, an FIR was lodged by the complainant, who is the brother of the injured/deceased under Section 307 IPC which was subsequently, converted to Section 302 IPC on 03.09.2002 against the appellant and one unknown person stating therein, that on 02.09.2002, his younger brother Aditya Kumar left the home at 8.00 PM for attending some party. At around 9.45 PM, he came home with injuries on his body and on inquiring about the injuries, it was to
The integrity of dying declarations is affirmed where corroborative medical evidence reinforces their reliability, despite procedural irregularities, leading to conviction.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
The prosecution must conclusively establish guilt through circumstantial evidence, including motive and cause of death, in cases based on circumstantial evidence.
: Motive is a thing which is primarily known to accused himself and it may not possible for prosecution to explain what actually prompted or excited him to commit a particular crime.
: When dying declaration has been recorded in accordance with law, and it gives a cogent and plausible explanation of occurrence, Court can rely upon it as solitary piece of evidence to convict accus....
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