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RAJIV GUPTA, SHIV SHANKER PRASAD
Hari Shankar Rai – Appellant
Versus
State – Respondent
JUDGMENT :
(Shiv Shanker Prasad, J.) :
1. Heard Mr. R.K. Shahi, learned counsel for the accused, Mr. Harish Chandra Tiwari, learned counsel for the first informant and Mr. Jitendra Kumar Jaiswal, learned A.G.A. for the State in both the appeals, as well as perused the record.
2. Since these criminal appeal as well as government appeal are directed against the judgment and order dated 19th January, 1983 passed in Sessions Trial No. 245 of 1981 (State Vs. Mahendra Rai & Hari Shanker Rai) arising out of Case Crime No. 215 of 1979 (251/3), under Section 302 of I.P.C., Police Station, Tariya Sujan, District-Deoria, whereby the accused Hari Shanker Rai has been convicted and sentenced to undergo four years rigorous imprisonment for the offence punishable under first part of Section 304 of I.P.C., whereas the accused Mahendra Rai has been acquitted for the offence punishable under Section 302 of I.P.C., the same have been heard and clubbed together and are being decided by this common judgment.
3. During the pendency of the instant Government Appeal before this Court, the accused-respondent no.1 Mahendra Rai has already passed away and the Government Appeal qua accused-respondent no.1 Mahe
The court established that direct eyewitness testimony is paramount in murder cases, and self-defense claims must be substantiated by credible evidence.
The reliability of eyewitness testimony and oral dying declaration in criminal cases, and the reasonableness of delayed recording of police statements.
The appellate court may reverse an acquittal if it determines the trial court's findings are perverse and unsupported by credible evidence, reaffirming the reliance on direct eyewitness testimony.
The principle that mere absconding does not imply guilt unless supported by corroborative evidence was emphasized, reinforcing the standard of proof required in criminal cases.
The court affirmed the conviction for murder based on credible eyewitness testimony and a reliable dying declaration, emphasizing the established motive of caste rivalry.
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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