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SADHNA RANI (THAKUR), SUNITA AGARWAL
Surya Udaivir Alias Sonu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sadhna Rani (Thakur), J.
1. This appeal has been preferred against the judgement and order dated 08.10.2010 passed by the Sessions Judge, Mainpuri in Sessions Trial No. 364 of 2006 arising out of Case Crime No. 292 of 2006 (State Vs. Surya Udaivir alias Sonu and others) convicting and sentencing the appellant only under Section 302 I.P.C. with life imprisonment and fine of Rs.25,000/- and in default of payment of fine, the accused has to undergo one year additional imprisonment.
2. The facts germane to this appeal are that on 16.06.2006 at 20.30 hours the first informant Ram Vilas lodged a first information report scribed by Satish Chandra Saxena at the Police Station Bewar District Mainpuri as Case Crime No. 292 of 2006 with the assertion that on 16.06.2006 he along with his cousin Subhash Chandra had gone to attend a feast in the village Bagpur. At about 6.00 p.m., when they were about to leave, Rajendra Singh, Rajiv and Surya Udaiveer Shatru Daman Singh alias Sonu suddenly came near Subhash Chandra and fired at him by a country made pistol. Subhash Chandra died on the spot. The accused persons fled away firing shots by their country made pistols. This incident created pa
Motive is not essential for conviction in murder cases if direct and credible eyewitness testimony is present.
Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial c....
The testimonies of related witnesses must be scrutinized carefully, especially when inconsistencies exist and the prosecution fails to prove its case beyond reasonable doubt.
The need for reliable witness testimonies and corroborating evidence, especially in the absence of independent witnesses, to establish charges 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 ....
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.
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
The testimony of an injured witness holds greater evidentiary value, and minor discrepancies in witness statements do not necessarily render the evidence untrustworthy.
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