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ASHWANI KUMAR MISHRA, MOHD. AZHAR HUSAIN IDRISI
Mazeed – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-The present appeal has been preferred by the accused appellants Mazeed, Abdul Hameed and Abdul Rasheed challenging the judgment and order of conviction and sentence dated 7.12.2018, passed by the Third Additional Sessions Judge, Chitrakoot in Session Trial No. 21 of 2017 (State v. Mazeed and others) arising out of Case Crime No. 560 of 2016, Police Station Rajapur, District Chitrakoot, whereby the accused appellants have been convicted and sentenced to life imprisonment under Section 302/34 IPC with fine of Rs. 15,000/-, in default whereof they are to further undergo one month additional imprisonment; under Section 452 IPC for seven years rigorous imprisonment with fine of Rs. 1,000/-, in default whereof they are to further undergo ten days additional imprisonment. All the sentences are to run concurrently.
2. The prosecution case proceeds on a written report of the first informant (PW-1), scribed by Dharamraj Singh (Ex.Ka.1), dated 10.12.2016, as per which, on the previous night i.e. 9.12.2016 at around 08.00 p.m. the informant's brother Anyaveer Singh @ Veeru (deceased) aged about 23 years had came to his house near the road to sleep after having his meal.
The judgment underscores the necessity of reliable witness testimony and corroborative evidence for securing a conviction in criminal cases.
Direct eyewitness testimony can establish guilt in murder cases, supported by physical evidence, where minor discrepancies do not diminish credibility.
In criminal cases, consistent and credible evidence is essential; discrepancies and reliance on related witnesses can undermine the prosecution's case and result in acquittal.
The prosecution must prove the guilt of the accused beyond reasonable doubt. If there is any doubt as to the guilt of the accused, the accused must be acquitted.
The main legal point established in the judgment is the importance of reliable and consistent evidence in establishing guilt beyond reasonable doubt.
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
Omissions in the statements of prosecution witnesses to the investigating officer, which are significant and relevant to the case, can amount to material contradictions that affect the credibility of....
The judgment underscores the principle that a conviction cannot be based solely on the testimony of a single witness unless it is wholly reliable and corroborated by other evidence.
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