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SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA I
Banwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This Criminal Appeal arises out of judgement and order dated 11.05.1990 passed by the IIIrd Additional Sessions Judge, Sitapur in Sessions Trial No.663 of 1987 whereby the Appellant no.3 Mahesh has been convicted under Sections 302 and 147 read with Section 149 of the I.P.C. and sentenced to undergo life imprisonment, the appellant no.4-Jagdish along with appellant no.1- Banwari, appellant no.2-Moti Lal and appellant no.5- Babu Ram have been convicted under Section 148 read with Section 149 and Section 302 I.P.C. with life imprisonment.
2. Only two of the original five appellants i.e. appellant nos.2 and 4, namely, Moti Lal and Jagdish are alive as the appellant nos.1, 3 & 5, namely, Banwari, Mahesh, and Babu Ram died during the pendency of the Appeal and the Appeal in respect of them has already been abated.
3. The case of the prosecution as mentioned in the prosecution story written report Exhibit Ka-1 and the F.I.R. Exhibit Ka-2 of the paper-book is that on 27.04.1987, the informant Damodar Prasad, along with his uncle Vishwanath and cousin brother, Shiv Kumar were returning home after making a query from the Sawmill regarding cutting of logs of wood. As soon as all t
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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....
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The testimony of an injured witness holds greater evidentiary value, and minor discrepancies in witness statements do not necessarily render the evidence untrustworthy.
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