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Shiv Kishore Tiwari @ Rajju Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal has been preferred against the judgment and order dated 11.09.2008, passed by the learned Sessions Judge, Hamirpur, in Session Trail No.158 of 2002 State vs. Shiv Kishore Tiwari @ Rajju Tiwari arising out of Case Crime No.62 of 2002 under Section 302 IPC, Police Station-Maudaha, District-Hamirpur, whereby the appellant is convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.10,000/-and in default of payment of fine, further R.I. for one year.
2. The brief facts of the case as culled out from the record are that a written report was submitted on 01.04.2002 by informant Ashok Kumar Tiwari at Police Station-Maudaha, District-Hamirpur with the averment that on 31.03.2002 at about 9:30 pm the neighbour of the informant Shiv Kishore @ Rajju son of Swamidin Tiwari was calling names and abusing standing at the door of his house. Vedmani Diwedi, his mother Smt. Sushila Diwedi and Ashutosh Diwedi told him not to abuse and asked to go inside the house. On this, Rajju went inside the house but after some
The prosecution must prove the guilt of the accused beyond all reasonable doubt in criminal cases, and the evidence on record, including witness testimony and forensic reports, must be carefully anal....
The central legal point established in the judgment is the requirement for wholly reliable eyewitness testimony and the prosecution's burden to prove the case beyond reasonable doubt in a murder tria....
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 ....
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....
Eyewitness testimony must be scrutinized for credibility, especially when inconsistencies arise and key witnesses are absent, impacting the prosecution's case.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
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