Back
ASHWANI KUMAR MISHRA, RAM MANOHAR NARAYAN MISHRA
Tejvir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. These Criminal Appeals have been preferred by the appellants against the impugned judgment and order dated 6.2.2009 passed by the Additional District and Sessions Judge, Firozabad, in S.T. No.235/2006, arising out of Case Crime No. 96 of 2005, under Sections 147, 148, 149, 307 and 302 IPC and in S.T. Nos. 235A/2006, 235B/2006 and 235C/2006 (State of U.P. Vs. Tejvir and 2 others), arising out of Case Crime Nos.95 of 2005, 99 of 2005 and 9 of 2006, under Section 25 of Arms Act, Police Station Pachokhara, District Firozabad, whereby the accused-appellants Tejvir, Hariom and Pramod Kumar @ Pappu have been convicted under Sections 147, 148, 302/149 IPC and 25 of Arms Act and sentenced them as under:-
(II) Under Section 148 IPC, they have to undergo one year imprisonment; No sentence was awarded under Section 147 IPC as Section 148 is aggravated form of offence of Section 147 IPC;
(III) Under Section 25 of Arms Act, they have to undergo one year imprisonment, with a fine of Rs.1,000/-each with default stipulation in the
The quality of evidence and prompt lodging of the FIR are crucial in establishing guilt in criminal cases.
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.
The prosecution failed to establish the credibility of its key witness, leading to the acquittal of the accused due to insufficient evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
