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SAMIT GOPAL
Gabbar Patel @ Dharmendra – Appellant
Versus
State – Respondent
JUDGMENT :
Samit Gopal, J.
1. Heard Sri Satya Prakash Rathor, learned Amicus Curiae for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.
2. This jail appeal has been filed by the appellant Gabbar Patel @ Dharmendra challenging the impugned judgment and order dated 25.09.2006 passed by Additional District & Sessions Judge, Court No. 14, Varanasi in Sessions Trial No. 784 of 2004, by which he has been convicted and sentenced under Section 307 I.P.C. to undergo three years and six months rigorous imprisonment.
3. The prosecution case as per the First Information Report lodged on 04.03.2003 at about 01:40 am is that the police informer informed the police that one person standing at Jalalpur Mod and is about to commit an incident who is having narcotics and a country made pistol with him, on which, the S.O. Sunil Kumar Bisnoi along with his accompanying police personnels proceeded towards the said person. They had torch with them. The said person all of sudden fired upon them to which they escaped and then they followed him after which near Jalalpur Mod he showed them his weapon but they arrested him on 03.03.2003 at about 23:40 hrs after
The statement under Section 313 Cr.P.C. is not a substitute for prosecution evidence and cannot solely lead to the conviction of the accused.
The prosecution must prove the intention or knowledge of causing death under Section 307 IPC, and the injury sustained must be established as a firearm injury. Lack of forensic evidence and inconsist....
A conviction based on circumstantial evidence requires a complete, unbroken chain of evidence. Improvements in oral testimonies, failure to link weapons through forensic reports, and recoveries from ....
(1) Examination of accused – Object of Section 313 of Cr.P.C. is to establish a direct dialogue between court and accused – A reasonable opportunity entails putting all adverse evidences in the form ....
The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, leading to acquittal.
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