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RAJIV GUPTA, MOHD. AZHAR HUSAIN IDRISI
Ramesh Yadav – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Mohd. Azhar Husain Idrisi, J.)
1. We have heard Sri H.N. Singh, Advocate assisted by Sri Arvind Kumar Tiwari, learned counsel for the appellant as well as learned A.G.A. for the State in extenso and have been taken through the entire material on record.
2. The afore-captioned both appeals arise out of the judgment and order dated 17.12.2003, passed by the then Additional Sessions Judge/Fast Track Court No. 2, District Mau, in Sessions Trial No. 59 of 2002 (State Vs. Narendra Singh and others) convicting the accused/appellants Narendra Singh, u/s 302 I.P.C. and accused Dharmendra Singh and Ramesh Yadav, under Section 302 read with Section 34 IPC and sentenced accused Narendra Singh for R.I. for life and a fine of Rs.10,000/- with default clause and accused Dharmendra Singh and Ramesh Yadav, for life imprisonment, under Section 302 read with 34 with fine of Rs. 5,000/-, with default clause. Both these appeals are pending since year 2004 since then about 20 years have lapsed. Therefore, for the sake of precision, brevity and convenience, both the appeals have been clubbed and heard together and are being decided by a common judgment and order.
3. Bereft of unnecessary detail
The judgment establishes that the prosecution must prove its case beyond a reasonable doubt, particularly when relying on eyewitness testimony, which must be consistent and credible to support a conv....
Interested witnesses, such as close relatives of the deceased, can provide credible testimony and their evidence should be carefully scrutinized but not automatically discarded. In cases of direct ev....
Point of law: So far as motive is concerned, it is well settled, where direct evidence is worthy to credence, can be believed, then motive does not carry much weight - That mind set of accused person....
The prosecution must prove guilt beyond reasonable doubt, and discrepancies in witness testimonies can lead to acquittal.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.
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