Back
RAJIV GUPTA, SHIV SHANKER PRASAD
State of U. P. – Appellant
Versus
Sughar Singh – Respondent
JUDGMENT :
SHIV SHANKER PRASAD, J.
1. We have heard Shri Jitendra Kumar Jaiswal, learned A.G.A. for the State/ appellant, Shri Purshottam Dixit, learned counsel for the first informant, Shri P.C. Sharma, learned counsel for the accused- respondent nos. 2 & 3 Nagendra and Sahdev, Shri Rajiv Sharma, learned counsel for the accused-respondent no. 4 Ashok as well as perused the material available on trial court record.
2. The instant Government Appeal is directed against the judgment and order dated 4th October, 1983 passed in Criminal Sessions Trial No. 80 of 1983 (State Vs. Sughar Singh & 3 Others), arising out of Case Crime No. 183 of 1982, under Section 302/34, 307/34, 302, 307 & 109 of I.P.C., Police Station-Kotwali, District- Etah, whereby the accused-respondents Sughar Singh, Nagendra, Sahdev and Ashok @ Ranjit have been acquitted from all the charges levelled/framed against them.
3. During the pendency of the instant Government Appeal, the accused-respondent no. 1 Sughar Singh has already passed away and the same has already been abated qua accused-respondent no. 1 by this Court vide order dated 7th May, 2018.
4. The accused-respondent Sughar Singh the father of the other accused, n
The principle established is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant contradictions or weaknesses in the evidence can lead to acquittal....
The court reaffirmed that consistent eyewitness testimony, corroborated by medical evidence, is sufficient to establish guilt in murder cases under IPC Sections 147, 149, and 302.
Murder – When there is ample unimpeachable ocular evidence and same has been corroborated by medical evidence, non-recovery of weapon does not affect persecution case.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The admissibility of partially hostile witness testimonies and the sufficiency of evidence to establish guilt were the central legal points established in the judgment.
The prosecution must prove guilt beyond reasonable doubt with reliable and corroborated evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
