ASHWANI KUMAR MISHRA, SHIV SHANKER PRASAD
Mahendra Singh @ Chottan – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of the incident leading to appeal (Para 1 , 2 , 3 , 4) |
| 2. details of prosecution evidence and witness statements (Para 5 , 6 , 7 , 8) |
| 3. identification and testimonies of eyewitnesses (Para 9 , 10 , 11 , 12) |
| 4. court's reasoning on witness credibility and absence of motive (Para 20 , 26 , 30) |
| 5. conclusion on legal standards applied to the case (Para 49 , 54 , 55) |
JUDGMENT :
1. This criminal appeal is directed against the judgment and order dated 30.3.2013, passed by the learned Additional Sessions Judge, Room No. 6, District Kaushambi in Sessions Trial No. 614 of 2009, State Vs. Mahendra Singh @ Chottan arising out of Case Crime No. 232 of 2009, under Sections 302 , 404, 411 IPC, Police Station – Pipari, District – Kaushambi and Sessions Trial No. 613 of 2009, State Vs. Mahendra Singh @ Chottan arising out of Case Crime No. 233 of 2009, under Sections 25 ARMS ACT , Police Station – Pipari, District - Kaushambi; whereby the appellant Mahendra Singh @ Chottan has been convicted under Section 302 IPC and sentenced to life imprisonment along with fine of Rs.5,000/- and in default to undergo five months additional imprisonment; for the offence under Section 40
Bikau Pandey v. State of Bihar
Dhirajbhai Gorakhbhai Nayak v. State of Gujarat
Dalip Singh v. State of Punjab
Deepak Verma v. State of Himachal Pradesh
Nathuni Yadav v. State of Bihar [(1998) 9 SCC 238 : 1998 SCC (Cri) 992]
Pulicherla Nagaraju v. State of A.P.
Rupinder Singh Sandhu v. State of Punjab
Rizan v. State of Chhattisgarh, (2003) 2 SCC 661, p. 667
State of Uttarakhand v. Sachendra Singh Rawat
State of H.P. v. Jeet Singh [(1999) 4 SCC 370 : 1999 SCC (Cri) 539]
The prosecution must establish its case beyond reasonable doubt, and reliance on uncorroborated witness testimony, especially from related parties, is insufficient for conviction.
Under such backdrop the conviction of the appellant under section 27 of Arms Act is maintained.
The court affirmed that the 1st accused's act of stabbing the deceased constituted murder, rejecting the applicability of Exception 4 to Section 300 IPC due to the absence of mutual combat.
: : (1) Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of accused. (2) Circumstance of last seen together does not by itself and necessarily lead t....
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