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MAYANK KUMAR JAIN, ASHWANI KUMAR MISHRA
Veda alias Vedpal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Per: Mayank Kumar Jain, J)
1. Accused Veda @ Vedpal, Ganga, Jagan, Pyare, Rakesh, Babloo @ Balua, were tried together by the learned Additional Sessions Judge under Sections 148, 302 read with Section 149 IPC relating to Crime No.252 of 2004, Police Station Debai, District Bulandshahr and Section 25 Arms Act. They have been convicted under Section 302 read with Section 149 IPC and Section 25 Arms Act and sentenced to life and lesser sentences all of which are to run concurrently.
Accused Neetu, Vimlesh and Keshav Giri @ Naga Baba were tried under Sections 120-B read with Section 302 IPC relating to Crime No.252 of 2004, Police Station Debai, District Bulandshahr. Accused Keshav Giri
@ Naga Baba was also tried under Section 25 Arms Act. They were acquitted after trial.
2. Aforesaid criminal appeals are preferred by the appellants against the judgment and order dated 30.6.2007 passed by Sri Raj Singh Verma, the then Additional Sessions Judge (Fast Track), Court No.20, Bulandshahr, whereby:
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
The main legal point established in the judgment is the reliance on trustworthy and reliable testimony of prosecution witnesses, despite their relationship to the deceased, to establish the guilt of ....
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....
The prosecution failed to prove the charges beyond reasonable doubt due to inconsistencies in witness testimonies and lack of corroborative evidence.
The prosecution must prove guilt beyond reasonable doubt, as mere moral conviction is insufficient for conviction in criminal cases.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
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