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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Asif Thakur – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Arvind Singh Sangwan, J.
1. Reference No. 7 of 2022 has been made by the Court of Additional District and Sessions Judge, Court No.3, Aligarh for confirmation of death sentence awarded to appellants, Ahsan, Asif Thakur, Bhoora, Kafeel and Wakeel. The appellants have also filed Jail Appeals i.e. Capital Case Nos. 10 of 2022 and 11 of 2022 challenging the judgment of conviction dated 22.4.2022, holding the appellants guilty of offence under Sections 302 read with Section 149 and 120B, 147 and 148 of IPC, holding appellants Bhoora, Kafeel and Wakeel under Section 25 of the Arms Act and also holding accused-Gayasuddin guilty of offence under Section 302 read with Section 120B of IPC in Sessions Trial Nos.44 of 2016 (State Vs. Ahsan and four others) arising out of Case Crime No.362 of 2015), in Sessions Trial No.51 of 2016 (State Vs. Bhoora) arising out of Case Crime No.377 of 2015, in Sessions Trial No.41 of 2016 (State Vs. Kafeel) arising out of Case Crime No.379 of 2015, in Sessions Trial No. 36 of 2016 (State Vs. Wakeel) arising out of Case Crime No.378 of 2015 and Sessions Trial Nos. 586 of 2016 (State vs. Gayasuddin) arsing out of Case Crime No. 362 of 2015 and the order
The court upheld the conviction for murder but commuted the death penalty to life imprisonment due to lack of aggravating circumstances and potential for rehabilitation.
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
The court reaffirmed that consistent eyewitness testimony, corroborated by medical evidence, is sufficient to establish guilt in murder cases under IPC Sections 147, 149, and 302.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Murder – When there is ample unimpeachable ocular evidence and same has been corroborated by medical evidence, non-recovery of weapon does not affect persecution case.
The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
The court emphasized the unreliability of eyewitness testimony from related witnesses, especially when recorded after significant delays, leading to the acquittal of the accused.
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