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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Nikka – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ajay Pandey and Sri Rahul Saxena, learned counsel for the appellants as well as learned A.G.A for the State and perused the record.
2. This bunch of appeals are directed against the composite judgement and order passed by the trial court in Sessions Trial No.98 of 2017, arising out of Case Crime No. 2246 of 2016 (State Vs. Shama and others), whereby the accused appellants have been convicted under Section 302 read with 149 Cr.P.C. and sentenced to undergo life imprisonment with a fine of Rs. 30,000/- together with default sentence.
3. The prosecution case proceeds upon a report (Ext. Ka- 1) as per which the informant Faizulla Khan S/o Tullan Khan is resident of Village Kitnapur, District Pilibhit. On 18.11.2016 at about 6.00 a.m. in the morning all the accused persons entered the house of the complainant and on account of previous enmity dragged his son out of the house to the road with the intention to kill him. All the accused persons were having firearms. Accused Bhola then fired from the licensed gun of Khaleel causing gun shot injury to the deceased. On the intervention of the villagers, all the accused persons ultimately fled from the spot. The informant’
The prosecution must establish its case beyond reasonable doubt, and reliance on uncorroborated witness testimony, especially from related parties, is insufficient for conviction.
The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of intent to kill and the nature of injuries inflicted.
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
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....
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