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ARVIND SINGH SANGWAN, RAM MANOHAR NARAYAN MISHRA
Chandrapal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Arvind Singh Sangwan, J.
1. These appeals have been filed challenging the judgment of conviction dated 03.08.2015, passed by Special Court (S.C./S.T. Act)/ Additional Sessions Judge, Court No.13, Bulandshahar holding the appellants Sanjay Dixit, Yogendra, Sanjay Kumar Sahni @ Sanjeev Kumar guilty of offence punishable under Sections 147, 148, 302/149 I.P.C., additionally accused Pramod Sharma and Chandra Pal were held guilty of offence under Section 147, 302/149 I.P.C. and accused Veerpal and Harpal were held guilty of offence under Sections 147, 148, 302/149, 392 I.P.C. whereas one of the accused Mahendra Kumar Kaushik was acquitted of the charge under Section 302 read with Section 120-B I.P.C. as well as the order of sentence dated 04.08.2015 by which the appellants were held guilty of offence and awarded life imprisonment under Section 302/149 I.P.C. along with a fine of Rs. 10,000/- each and in the event of non-payment of fine, to further undergo six months additional simple imprisonment and under Section 147 I.P.C., two years rigorous imprisonment along with Rs. 1000/- each, in default of payment of fine to further undergo one month additional simple imprisonm
The prosecution failed to establish the credibility of its key witness, leading to the acquittal of the accused due to insufficient evidence.
The prosecution must prove the case beyond reasonable doubt, and inconsistencies in witness statements and unreliability of witnesses can lead to the acquittal of the accused.
The prosecution must prove the presence of a witness at the scene of the crime beyond reasonable doubt, and discrepancies in the witness's testimony can raise doubts about the credibility of the evid....
Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial c....
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
The prosecution bears the burden to prove its case beyond a reasonable doubt, and significant inconsistencies in witness testimony can lead to the acquittal of the accused.
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