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MANOJ MISRA, SAMEER JAIN
Birnami – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manoj Misra, J.
1. This appeal is preferred against the judgment and order dated 24.08.2007/25.08.2007 passed by Sessions Judge, Rampur in Sessions Trial No. 496 of 2005 convicting the appellant no.2 (Tej Pal) under Section 302 I.P.C. and appellant no.1 (Birnami) under Section 302 read with Section 34 I.P.C., and sentencing them to imprisonment for life and fine of Rs. 10,000/- each with a default sentence of one year R.I.
INTRODUCTORY FACTS
2. On a typed written report (Exb. Ka-1) submitted by PW-1 (son of the deceased -Sitaram) at 00.30 hours, on 07.07.2005, Case Crime No. 227 of 2005 was registered at P.S. Milak, District Rampur of which Chik FIR (Exb. Ka-15) was prepared. The allegation in the FIR is that on 06.07.2005, at about 9 pm, when PW-1's father (the deceased) was sitting on a cot, smoking a Beedi, the accused-appellants along with one unknown person came and, before the deceased could react, appellant no.2 (Tej Pal) fired a shot at the deceased. Upon which, PW-1, his brother-Sompal (not examined) and his uncle Indraman (PW-2), who were present there, and many others who arrived on hearing gunshot, made an attempt to apprehend the accused but they ran away, brand
Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial c....
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
Offence of Murder - Conviction set aside - No one actually witnessed incident and FIR was lodged on basis of guess-work and suspicion and appellants have been implicated on account of suspicion becau....
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
Point of Law : Any outsider or stranger committing a crime of murder, in which event, identification of assailant becomes very critical and crucial but in light of evidences as brought on record, ide....
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
Point of law: In the absence of such finding as also any overt act on the part of the accused persons, mere fact that they were armed would not be sufficient to prove common object.
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