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SIDDHARTHA VARMA, ANISH KUMAR GUPTA
Khemi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Devendra Kumar Mishra, learned counsel for the appellant and Sri Amit Sinha, learned AGA for the State.
2. The instant criminal appeal has been filed by the appellant-Khemi being aggrieved by the judgment and order dated 15.02.1986 passed by the Vth Additional Sessions Judge, Mathura in S.T. No. 302 of 1985 (State vs. Phooli and others) under Section 302/149 IPC, P.S. Nauhjhil, District Mathura, whereby the appellant has been convicted for the offence under Section 302 IPC and has been awarded sentence of life imprisonment.
3. The prosecution story, in brief, is that the P.W. 1, Teeka Ram lodged a report at 02:45 A.M. on 02.04.1984 alleging that in the night intervening 1/2.4.1984, his brother deceased Ram Swarup was sleeping on a cot in front of his house. The informant Teeka Ram was also sleeping in front of his house, which was adjoining to the house of the deceased Ram Swarup at a distance of 5 to 6 hands from the deceased. The daughters Veeri and Champa and Kasturi wife of deceased were sleeping inside the house and at nearby place, Kishori son of Doji and Prahlad son of Teeka and Handal son of Doji were also sleeping. As usual the lan
Credible eyewitness accounts can outweigh minor discrepancies, and motive becomes irrelevant when there is trustworthy eyewitness testimony.
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
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The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
Mere fact that it is not established that the recovered country made pistol was used in causing the murder, in itself cannot be made the base for discarding the reliable testimony of the eye witnesse....
: : (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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