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2022 Supreme(All) 1188

SUNITA AGARWAL, OM PRAKASH TRIPATHI
Lakhan @ Lakhan @ Akash – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aditya Prasad Mishra, Akhilesh Srivastava, Asheesh Mani Tripathi, Manju Pandey, Ram Chandra Uttam, Vivek Singh

Judgement Key Points

Certainly. Here are the key legal points derived from the provided document:

  1. The prosecution successfully proved the identity of the accused persons and established their connection to the crime beyond reasonable doubt, based on eyewitness identification and recoveries made at their instance (!) (!) .

  2. The identification of the accused in court, supported by prior identification parade proceedings conducted in the presence of a Magistrate, was deemed credible and properly conducted, with safeguards to ensure the reliability of the identification process (!) (!) (!) .

  3. The delay in conducting the test identification parade was considered, but the court found that the procedures were properly followed and the evidence of identification remains admissible and probative (!) (!) .

  4. The recoveries of looted articles, including a motorcycle, jewelry, and a mobile phone, were held to be made in accordance with legal formalities, with proper documentation and in the presence of witnesses, establishing a link between the accused and the crime (!) (!) (!) (!) .

  5. The evidence of the injured witnesses regarding the sequence of events, injuries sustained, and the identification of the accused was considered credible, especially since their injuries were proved and they were examined promptly after the incident (!) (!) (!) (!) .

  6. The court emphasized that the identification parade and recoveries are valuable corroborative evidence, but the primary evidence remains the eyewitness testimony and the physical evidence collected during investigation (!) (!) .

  7. The court found that the evidence collectively established the guilt of the accused persons beyond reasonable doubt, justifying their conviction for the offenses charged, including murder, robbery, and causing injuries (!) (!) .

  8. The sentences awarded, including life imprisonment, were deemed proportionate to the offenses committed, and no grounds for interference were found in the trial court’s judgment (!) (!) .

  9. The appeal was dismissed on the merits, affirming the conviction and sentence, with directions for the accused to serve their remaining sentences, and for the lower court to implement the judgment and notify all concerned accordingly (!) (!) .

  10. The legal procedures regarding identification and recoveries were upheld as proper, and the safeguards for ensuring the reliability of witness identification were considered adequately observed in this case (!) (!) (!) .

These points reflect the court's reasoning regarding the credibility of evidence, procedural correctness, and the proportionality of sentences, based on the facts and evidence presented in the case.


JUDGMENT :

Sunita Agarwal, J.

1. Heard Sri Akhilesh Srivastava learned Amicus for appellant nos. 2 and 3 and Ms. Manju Pandey for appellant no. 1 and Sri Roopak Chaubey learned A.G.A. for the State respondents.

Introduction:-

2. The present appeal is directed against the judgment and order dated 9.1.2009 passed by the Additional District & Sessions Judge, Court No. 9, Bulandshahr in Sessions Trial No. 397 of 2006 arising out of Case Crime No. 292 of 2005 under Sections 394, 302, 307, 412 IPC, Police Station Jahangirabad, District Bulandshahr, whereby three appellants namely Lakhan @ Lakhan @ Akash, Rakesh and Satish @ Ajay have been convicted for the offence under Sections 394 and 302 read with Section 34 IPC and sentenced for life imprisonment for the offence under Section 394 IPC along with fine of Rs. 1 Lakh each, under Section 302 read with Section 34 IPC the appellants have been sentenced with life imprisonment and fine of Rs. 1 Lakh each. The appellants have also been convicted for the offence under Section 323 read with Section 34 IPC and sentenced for one year imprisonment with fine of Rs. 1,000/-each. It is provided that in case of default, the fine shall be recovered as arrea

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