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ARVIND KUMAR MISHRA I, VIKAS BUDHWAR
Pinkoo @ Jitendra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Arvind Kumar Mishra-I, J.
1. Heard Sri Brijesh Sahai, learned Senior Counsel assisted by Sri Bhavya Sahai and Sri J.S. Audichya, learned counsel for the appellants, Sri Imran Ullah and Sri K.K. Upadhyay, learned counsel for the informant and learned A.G.A. for the State and perused the material on record.
2. The aforesaid two criminal appeals arise out of judgment and order of conviction dated 18.12.2012 passed by the Additional District and Sessions Judge, Court No.6, Aligarh in Session Trial No. 600 of 2006 (State vs. Pinkoo alias Jitendra and Smt. Ishwari Devi), concerning Case Crime No.04 of 2006, under Sections – 302/34 and 114 I.P.C., Police Station- Gandhi Park, District – Aligarh and connected Session Trial No.601 of 2006 (State vs. Pinkoo alias Jitendra), concerning Case Crime No.10 of 2006, under Section – 25 Arms Act, Police Station – Gandhi Park, District – Aligarh, whereby the aforesaid two appellants have been sentenced to imprisonment for life, under Section - 302 read with Section – 34 I.P.C., coupled with fine against each to the tune of Rs. 20,000/- and in case of default in payment of it, the concerned convict would have to suffer additional rigorous impr
The prosecution has not been able to prove charges under Section – 302/34 and 114 I.P.C. against accused- Pinkoo alias Jitendra and Ishwari Devi and charge under Section – 25 Arms Act against accused....
Prosecution must prove criminal charges beyond reasonable doubt; conviction based on unreliable witness testimonies and flawed evidence is unsustainable.
The main legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, and the court's reliance on the lack of corroborating evidence, cont....
Mere fact that it is not established that the recovered country made pistol was used in causing the murder, in itself cannot be made the base for discarding the reliable testimony of the eye witnesse....
The need for reliable witness testimonies and corroborating evidence, especially in the absence of independent witnesses, to establish charges beyond reasonable doubt.
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