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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Neelu – Appellant
Versus
State of Uttar Pradesh – Respondent
What is the standard of proof required for conviction in a murder case? What are the evidentiary issues regarding the testimony of related/eye-witnesses and the necessity of corroboration? What is the court’s ruling on the admissibility and reliability of firearm recovery under the Evidence Act (Section 27) and its impact on the conviction?
JUDGMENT :
ASHWANI KUMAR MISHRA, J.
1. Heard Sri S.D. Singh Jadaun, Sri Bhavesh Singh Jadaun, Sri Dipansh, Sri Subham Singh, learned counsel for the appellants and Ms. Archana Singh, Sri Vikas Goswami, learned AGA for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 20.12.2019, passed by the Additional Sessions Judge, Court No. 9, Kanpur Nagar, in Session Trial No. 208 of 2004 (State Vs. Kishan Kumar and others), arising out of Case Crime No. 135 of 2003; Sessions Trial No. 209 of 2004 (State vs. Neelu), Arising Out of Case Crime No. 137 of 2003; Sessions Trial No. 251 of 2004 (State vs. Rakesh @ Chuhiya), arising out of Case Crime No. 139 of 2003, Police Station Badshahi Naka, District Kanpur Nagar, whereby the accused appellants Neelu and Rakesh @ Chuhiya have been convicted and sentenced to life imprisonment alongwith fine of Rs.15,000/- each under Section 302 IPC and on failure to deposit fine to undergo imprisonment for six months; accused appellant Neelu has been convicted and sentenced to three years rigorous imprisonment alongwith fine of Rs.2,000/- under Section 25 Arms Act and on failure to deposit fine to undergo imprison
The prosecution must establish its case beyond reasonable doubt, and reliance on uncorroborated witness testimony, especially from related parties, is insufficient for conviction.
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....
The prosecution bears the burden to prove its case beyond a reasonable doubt, and significant inconsistencies in witness testimony can lead to the acquittal of the accused.
The court affirmed the conviction for murder based on consistent eyewitness testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
The prosecution must prove charges beyond reasonable doubt; unreliable eyewitness testimony, especially from near relatives, cannot substantiate a conviction.
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