Back
RAJIV GUPTA, SHIV SHANKER PRASAD
Ayodhya – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Shiv Shanker Prasad, J.
1. Both the Criminal as well as Government Appeals are directed against the impugned judgment dated 21st January, 1981 passed by the II Additional District & Sessions Judge, Gorakhpur in Sessions Trial No. 205 of 1980 (State Vs. Ayodhya & 6 Others), arising out of Case Crime No. 36 of 1978, under Sections 147/148/149/302 I.P.C., Police Station-Ghughuli, District- Gorakhpur, whereby accused-appellants Ayodhya, Sanhu, Chhangur, Lakhan and Ram Ji, have been convicted for offence under Section 147 I.P.C. and Section 302 read with Section 149 I.P.C. and have been sentenced to two years rigorous imprisonment for commission of offence under Section 147 and life imprisonment for commissioning of offence under Section 302 read with Section 149 I.P.C., with an observation that both the sentences were to run concurrently, whereas the accused- Pyare and Chhotkoo have been acquitted for all charges alleged against them.
2. Since the basic facts, issues and the judgment of the trial court are similar and common, both criminal appeals have been clubbed and heard together and the same are being decided by this common judgment.
3. We have heard Mr. J.P. Tripathi, lear
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 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 prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The prosecution must prove guilt beyond reasonable doubt with reliable and corroborated evidence.
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....
The conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of....
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
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
