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Rajnesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. These two criminal appeals have been preferred by the appellants against the judgement and order dated 30.05.2018, passed by Additional Sessions Judge, Court No.5, Badaun in S.T. No.519 of 2013 (State Vs. Rajnesh and others) arising out of Case Crime No.334 of 2012, under Sections 147, 148, 302/149 and 323/149 IPC, Police Station-Rajpura, District-Sambhal, whereby learned trial court convicted accused appellants Rajnesh and Vijay Pal under Section 302 r/w Section 34 IPC and sentenced each with life imprisonment and fine of Rs.10,000/-and six months simple imprisonment in case of default of fine. Trial court also convicted them under Section 323 r/w Section 34 IPC and sentenced each six months R.I. and fine of Rs.500/-and 15 days simple imprisonment in case of default of fine. Learned trial court acquitted all the other accused persons from all the charges framed against them and also acquitted accused appellant Vijay Pal of the charge under Section 25 of Arms Act. Both these appeals, being connected, are being decided together.
2. The brief facts of the case as cull
The main legal point established in the judgment is the importance of scrutinizing the reliability of witness testimonies and assessing the truthfulness of prosecution evidence, especially in cases w....
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
The recovery of the weapon used is not a sine qua non to convict the accused when there is direct evidence in the form of eye witnesses.
The judgment establishes that the prosecution must prove its case beyond a reasonable doubt, particularly when relying on eyewitness testimony, which must be consistent and credible to support a conv....
Conviction upheld - Reliability of witness testimony - It is settled that merely because witnesses are close relatives of victim, their testimonies cannot be discarded. Relationship with one of parti....
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
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