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RAM MANOHAR NARAYAN MISHRA
Abrar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case and incident. (Para 1 , 3 , 4) |
| 2. judgment details conviction under ipc and arms act. (Para 2) |
| 3. accused's denial and evidence overview. (Para 5 , 6 , 10) |
| 4. arguments regarding the credibility of witnesses. (Para 7 , 8 , 9) |
| 5. court’s analysis and reasoning for conviction. (Para 11 , 12 , 13) |
| 6. final ruling and sentencing. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Ram Manohar Narayan Mishra, J. - Instant appeal arises out of the judgement and order dated 30.5.2018 passed by Additional District and Sessions Judge, Fast Track Court No.2, Fatehpur in S.T. No. 291 of 2015 (State v. Abrar) arising out of Case Crime No.245 of 2015, under Section 3 07 IPC, Police Station Bindki, District Fatehpur as well as S.T. No.292 of 2015, under Section 3 /25 ARMS ACT , arising out of Crime No. 250 of 2015, P.S. Bindki, District - Fatehpur, convicting the appellant under Sections 3 07) IPC and Section 3 /25 of ARMS ACT and sentencing him as under:
(i) under Section 307 IPC to undergo 10 years rigorous imprisonment, with fine of Rs.10,000/- in default thereof he has to undergo one year additional imprisonment;
(ii) under Section 3 /25 of ARMS ACT to undergo 1 ye
The conviction for attempted murder under Section 307 IPC was upheld based on eyewitness accounts, while the charge under the Arms Act was dismissed due to insufficient evidence.
The court affirmed conviction for attempted murder while reducing the sentence due to mitigating circumstances, highlighting scrutiny of evidence in violent crime cases and the need for direct corrob....
Minor injuries do not negate culpability for attempt to commit murder; intention inferred from actions and circumstances surrounding the act.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
Attempt to murder – Intention to kill must be apparent from act of accused.
Conviction under Section 307 IPC reversed due to hostile corroborative witness, inconsistencies between injured witness testimony and FIR, unexplained FIR delay despite prior police information, abse....
Prosecution must provide corroborative evidence, especially in firearm offences; mere accusations without substantiating proof cannot sustain a conviction.
The prosecution failed to substantiate charges beyond reasonable doubt, leading to the acquittal of the appellant.
Point of Law : Obviously, enmity was existing between both the sides and some altercation is stated to have taken place which has been trid to be coloured differently by the prosecution witnesses.
Point of Law : Murder - Conviction set aside - Trial court has committed gross-error in believing the sole testimony of PW5 and conviction should not have been based on such type of testimony, which ....
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