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ASHWANI KUMAR MISHRA, NAND PRABHA SHUKLA
Sonu @ Paua @ Beedi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
This Court is ceased of proceedings under Section 366 of the Cr.P.C. for confirmation of death sentence awarded to the accused appellants, as well as the appeals filed by the accused against their conviction and sentence. The confirmation proceedings were placed earlier before the Court on 28.4.2023. It transpired that a young lady was subjected to sexual assault and then done to death in an incident occurred on 6.9.2018. The younger brother of the deceased was assaulted with a knife and his throat was cut. The injured brother temporarily lost his voice. This brother was produced during the trial as PW-5. Heavy reliance is placed upon the statement of PW-5 for conviction and sentence of the accused appellants.
2. When the statement of PW-5 was placed before this Court, it was seen that his statement was noted in such a manner that the substance of his statement could not be deciphered.
3. We deem it appropriate to reproduce pages 74 and 78 of the paper book, as it reveals the manner in which the statement was recorded. Pages 74 and 78 are reproduced hereinafter :
4. Though the Trial Judge had connected the answers to various questions posed to PW-5, b
The judgment underscores the importance of adhering to procedural requirements in recording witness statements and ensuring the accused's right to explain incriminating evidence.
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
The court upheld the conviction for murder based on eyewitness testimony and a valid confessional statement, affirming the importance of fair trial standards.
(1) Child witness – Minor is also a competent witness.(2) Murder – In absence of legal evidence on record to prove guilt of accused beyond reasonable doubt, Court cannot interfere with Judgment of ac....
The main legal principle established in the judgment is the importance of confronting witnesses with their previous statements to ensure a fair trial, as mandated by Section 145 of the Evidence Act a....
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