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ARVIND SINGH SANGWAN, RAM MANOHAR NARAYAN MISHRA
Tarun Goel – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
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| 1. the facts leading to the conviction established a clear case of murder and theft. (Para 1 , 2 , 5 , 6) |
| 2. the argument for the appellant hinged on procedural deficiencies and the credibility of witnesses. (Para 42 , 43 , 44 , 45) |
| 3. the court’s ratio emphasized the need for a careful evaluation of the evidence against the backdrop of sentencing standards. (Para 55) |
| 4. the final decision balanced conviction with compliance to judicial norms for sentencing. (Para 70 , 71) |
JUDGMENT :
ARVIND SINGH SANGWAN, J.
1. Reference No. 9 of 2023 has been made by the Court of Additional Sessions Judge/ Special Judge (Dacoity Affected Area), Court No. 6, Firozabad for confirmation of death sentence awarded to appellant Tarun Goel vide judgment of conviction dated 24.4.2023, holding the appellant guilty of offence (in Sessions Trial No. 877 of 2022 arising out of Case Crime No. 220 of 2022), under Sections 302 , 307, 394, 411 & 506 of INDIAN PENAL CODE (hereinafter referred to as ‘IPC’) and the order of sentence dated 25.4.2023 vide which, the appellant was awarded death sentence, to be hanged till death under Section 302 of IPC with a fine of Rs.20,000/-and in case of default of payme
The judgment emphasizes that the death penalty is not warranted unless the circumstances are exceptionally grave, applying the 'rarest of rare' doctrine while considering rehabilitation potential.
The prosecution failed to establish the accused's guilt beyond reasonable doubt, leading to the reversal of the death penalty.
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Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
A conviction based on circumstantial evidence requires a complete, unbroken chain of evidence. Improvements in oral testimonies, failure to link weapons through forensic reports, and recoveries from ....
An oral dying declaration must be trustworthy and free from blemish to form the basis of conviction. Recovery of evidence must comply with the requirements of Section 27 of the Evidence Act. The pros....
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