Back
K. J. THAKER, SHIV SHANKER PRASAD
Guddu Verma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Shiv Shanker Prasad, J.)
1. This criminal appeal is directed against the impugned judgment dated 14.04.2016 passed by Additional Sessions Judge, Court No.1, Maharajganj in Sessions Trial No. 26 of 1998 (State Vs. Guddu Verma), arising out of Case Crime No. 112 of 1998, under Sections 302/34, 201 I.P.C., Police Station Paniyara, District Maharajganj, whereby accused-appellant Guddu Verma has been convicted of offence under Section 302/34 I.P.C. and has been sentenced to rigorous life imprisonment alongwith Rs.20,000/- fine for commissioning of offence under Section 302/34 I.P.C.; in default of payment in fine to further undergo one year additional imprisonment and three years rigorous imprisonment along with fine of Rs.3000/-, under Section 201 I.P.C.; in default of payment in fine to further undergo three months additional imprisonment.
2. Brief facts of the case are that on 13.04.1998 complainant/P.W.1, namely, Janardan son of Adhare, resident of Village Barvafahim, P.S. Kotwali, District Maharajganj had filed a written report alleging therein that he solemnized the marr
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The conviction under Section 302 IPC was upheld due to compelling circumstantial evidence linking the appellant to the murder, ruling that suspicion alone is insufficient without definitive proof of ....
(1) Murder – If in a case based on circumstantial evidence, accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an ad....
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
The prosecution must establish circumstantial evidence beyond reasonable doubt to support a conviction; mere suspicion is insufficient.
The burden under Section 106 of the Evidence Act requires the accused to provide a credible explanation for facts especially within their knowledge. Failure to do so can become an additional link in ....
A conviction for murder under Section 302 IPC cannot be sustained solely on the basis of last-seen evidence without corroborative proof and a clear motive, as established by the principles governing ....
(1) Murder – Circumstances howsoever strong cannot take place of proof and guilt of accused have to be proved by prosecution beyond reasonable doubt.(2) Burden of Proof – Section 106 of Evidence Act ....
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
