SUNITA AGARWAL, SADHNA RANI (THAKUR)
Radhey Shyam – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. introduction of case and conviction details. (Para 1 , 2) |
| 2. details of the incident leading to convictions. (Para 3 , 4 , 5 , 6) |
| 3. medical examination and cause of death. (Para 12 , 13 , 14) |
| 4. defence arguments regarding witness credibility. (Para 29 , 30 , 31) |
| 5. prosecution rebuttal and evidence reliability. (Para 34 , 36 , 38) |
| 6. court's analysis and acceptance of witness testimonies. (Para 41 , 42) |
| 7. court's findings on common intention and liability. (Para 57 , 58 , 59) |
| 8. conclusion and dismissal of appeal. (Para 60 , 61 , 62 , 63) |
JUDGMENT :
1. Heard Ms. Abhilasha Singh learned counsel for the appellants and Sri Roopak Chaubey learned A.G.A for the State respondent.
2. The present appeal is directed against the judgment and order dated 25.07.2009 passed by the Additional Sessions Judge, Fast Track Court Badaun whereby appellants Radheshyam s/o Dwariki Yadav, Sreepal s/o Dwariki Yadav resident of Shikarpurthana Sahaswan District Badaun have been held guilty of the offences under Sections 302 , 506(2) IPC. Under Section 302 , the appellants have been convicted for life imprisonment with fine of Rs.10,000/-for each. The default punishment is one year additional r
State of Uttar Pradesh vs Ashok Kumar and another reported in (1979) 3 SCC 1
Durbal vs State of Uttar Pradesh reported in (2011) 2 SCC 676
Thanedar Singh vs State of M.P, reported in (2002) 1 SCC 487
Leela Ram (Dead) through Duli Chand vs State of Haryana and another reported in (1999) 9 SCC 525
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 prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
The court established that eyewitness testimony from related witnesses can be credible and sufficient for conviction, provided it is consistent and corroborated by other evidence, and that the absenc....
The appellants' conviction for murder was altered to culpable homicide not amounting to murder due to lack of intent, despite their involvement in the unlawful assembly and rioting.
The prosecution must prove its case beyond reasonable doubt, while minor contradictions in witness testimony should not undermine the core evidence substantiating the charges.
The court determined that while the appellants participated in an unlawful assembly leading to death, their intent was not murder, qualifying the offense under culpable homicide not amounting to murd....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
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