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Mohd. Afzal @ Guddu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
OM PRAKASH TRIPATHI, J.
1. Heard Sri. Mewa Lal Shukla, learned counsel for the appellants, Sri. A.N. Mulla, Additional Government Advocate on behalf of the State and perused the material on record.
2. The appellants have preferred the present criminal appeal aggrieved by the judgment and order dated 04.09.2010 passed by the learned Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 5, Bulandshahr in Special Trial No. 683/2007, under Section 302/34 IPC, State vs. Mohd. Afzal @ Guddu and others, Police Station Gulawadi, District Bulandshahr, convicting and sentencing the appellants to undergo life imprisonment under Section 302/34 of IPC with a fine of Rs. 10,000/- each in default thereof, to undergo three months additional rigorous imprisonment.
3. The prosecution case is as follows:
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When relying on circumstantial evidence, the prosecution must establish an unbroken chain of events consistent only with the guilt of the accused. If multiple plausible hypotheses exist, the failure ....
Point of Law : Offence of Murder - Circumstantial evidence - Prosecution is required not only to prove circumstances but also to complete chain of circumstances on basis of which guilt of accused can....
Provisions of Section 106 of Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within knowledge of a person, burden of proving that fact is upon him.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The prosecution must establish an unbroken chain of circumstances consistent with the guilt of the accused in cases relying on circumstantial evidence. The burden of proof on the prosecution and the ....
Criminal Law - Unlawful assembly - Conviction upheld - While overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in unlawful assem....
The admissibility of res gestae evidence, corroboration of ocular evidence with medical evidence, and the significance of motive in a case based on direct evidence were central legal principles estab....
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