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ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Rama Kant Dixit – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This bunch of criminal appeals is by the accused-appellants assailing a common judgment and order dated 1st February, 2007 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 97 of 2005 (State Vs. Jagannath and 5 Others) and Sessions Trial No. 104 of 2005 (State Vs. Hariom), arising out of Case Crime No. 286 of 1996, under Sections 147, 148, 302/149, 307/149 I.P.C., Police Station-Bhogaon, DistrictMainpuri, whereby all the accused-appellants have been convicted and sentenced to two years rigorous imprisonment each under Section 148 I.P.C.; seven years rigorous imprisonment each under Section 307/149 I.P.C. with fine of Rs. 30,000/- each and in default thereof, to further undergo one year additional simple imprisonment; life imprisonment each under Section 302/149 I.P.C. with fine of Rs. 70,000/- and in default thereof, to further undergo one year additional simple imprisonment each. All the sentences are to run concurrently.
2. As these appeals arise out of the same judgment and order. As such they were clubbed together and are now being decided by this common judgment.
3. We have heard Mr. V.P. Srivastava, the learned Senior Counsel assi
The prosecution must prove the case beyond reasonable doubt, and inconsistencies in witness statements and unreliability of witnesses can lead to the acquittal of the accused.
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
The testimonies of related witnesses must be scrutinized carefully, especially when inconsistencies exist and the prosecution fails to prove its case beyond reasonable doubt.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
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