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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Ambika Soni – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Arvind Singh Sangwan, J.
1. All these four appeals are preferred against the judgment of conviction dated 27.09.2018, passed by VIth Additional District and Sessions Judge, Fatehpur in S.T. No. 257 of 2014 (State Vs. Himanshu Soni and others) vide which the appellants, Ambika Soni, Pammu Soni, Himanshu Soni, Nandu Singh and Pappu Soni, were held guilty of offence punishable under Sections 147, 148, 302/149, and 506 of I.P.C. as well as the order of sentence of the same date vide which all the accused-appellants were awarded life sentence along with fine of Rs. 50,000/- each under Section 302/149. In case of non-payment of fine, further they were directed to undergo imprisonment of one year. Under Section 147, they were sentenced to one year of imprisonment, under Section 148 for two years with fine of Rs.1000/- each, under Section 506, the accused-appellants were sentenced to one year of imprisonment with fine of Rs.1000/- each. Appellant-Ambika Soni was also convicted under section 504 and sentenced for six months of imprisonment. All the sentences were directed to run concurrently.
2. Heard Sri. G.S. Chaturvedi, learned Senior Counsel and Sri Rajiv Lochan Shukla, learned
The court upheld the conviction of three appellants for murder, emphasizing the credibility of eyewitnesses and the established motive, while acquitting two due to insufficient evidence.
The main legal point established in the judgment is the reliance on eyewitness accounts and medical evidence to establish guilt beyond reasonable doubt, despite any defects in the investigation.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
Prosecution has failed to prove charges levelled against accused persons under Sections 302/34, 201 IPC and Section 25 of Arms Act by any reliable, cogent and independent evidence to hilt beyond reas....
Conviction affirmed – Offence of Murder - Prosecution evidence is trustworthy and prosecution has brought home the guilt of all the appellants by cogent, credible and trustworthy evidence.
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