ASHWANI KUMAR MISHRA, VINOD DIWAKAR
Angad Rai @ Jhullan Rai @ Fhulak – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Shashi Bhushan Kunwar and Sri Pradeep Kumar Rai, Advocates for the appellant Angad Rai @ Jhullan Rai @ Fhulak; Sri Dileep Kumar, learned Senior Advocate assisted by Ms. Shambhawi Shukla, Advocate for the appellant Umesh Rai @ Gora Rai; Sri Arunendra Kumar Singh, learned AGA for the State; Sri Durgesh Kumar Singh, learned counsel for the informant and perused the materials placed on record including the lower court records.
2. This appeal is by the accused Angad Rai @ Jhullan Rai @ Fhulak and Umesh Rai @ Gora Rai challenging their conviction and sentence vide judgment and order dated 26.09.2014, passed by the Additional Sessions Judge, Court No.01, Ghazipur in Sessions Trial No. 140 of 2006, arising out of Case Crime No. 493 of 2005, under Sections 302, 506 IPC, Police Station Muhammadabad, District Ghazipur; whereby they have been sentenced to life imprisonment alongwith fine of Rs. 10000/-coupled with a default sentence of one year imprisonment, under Section 302 r/w 34 IPC and under Section 506 IPC,
Bharwada Bhoginbhai Hirjibhai v. State of Gujarat
Ganapathi and Anr. v. State of Tamil Nadu (2018) 5 SCC 549
Gangadhar Behera and Ors. v. State of Orissa (2002) 8 SCC 381
Raju alias Balachandran and Ors. v. State of Tamil Nadu (2012) 12 SCC 701
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 ....
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....
The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and contradictions and doubts in the evidence can lead to the f....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.