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RAMESH SINHA, RENU AGARWAL
Raj Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RENU AGARWAL, J.
1. The present Criminal Appeal has been filed under Section 374(2) Cr.P.C. against the judgment and order passed by IIIrd Additional Sessions Judge, Sitapur, on 28.08.1982, convicting the appellants Raj Kumar, Jagannath and Mullu in Sessions Trial No. 100 of 1980 and sentencing them to rigorous imprisonment for life and fine of Rs. 1,000/- each under section 149 read with section 302 IPC, rigorous imprisonment of six months in default of payment of fine and one year rigorous imprisonment under section 148 IPC.
2. Wrapping the facts in brief, complainant alongwith his brother Krishna Behari @ Krishna (deceased) was going for bandage to Ganj Bazar, as deceased had sustained sprain in his foot. When they reached near the shop of Dr. Nisar at about 12.30 p.m. the accused Rajkumar @ Babu son of Bhabhuti armed with Ballam, his brother Jagannath armed with Kanta, Mullu son of Jagannath armed with Banka and Dinesh son of Kameshwar armed with gun, dragged the deceased and reached in front of liquor shop, where Kameshwar Pradhan son of Raghuveer armed with Banka, his brother Ram Autar having Lathi, Kaushal Kishore @ Karna son of Ram Autar having Banka, Ram Lakhan son
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....
The testimony of the witnesses was found to be reliable and trustworthy, and the medical evidence corroborated the ocular testimony, leading to the affirmation of the judgment and order of conviction....
The court established that a common intention among co-accused can lead to joint liability for murder, even if not all participants inflicted the fatal blow, provided their actions collectively demon....
Interested witnesses, such as close relatives of the deceased, can provide credible testimony and their evidence should be carefully scrutinized but not automatically discarded. In cases of direct ev....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Point of Law : A wife, who has seen an assailant giving fatal blows with a stick to her husband, would name the assailant to all present and to the police at an earliest opportunity.
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