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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Veer Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. The above criminal appeals are directed against the judgment and order dated 28.2.2019, passed by the First Additional Sessions and District Judge, Ghaziabad in Sessions Trial No.823 of 2009, arising out of Case Crime No.71 of 2009, under Sections 364/34, 302/34, 201/34 IPC, Police Station – Dhaulana, District – Ghaziabad; whereby the accused appellants Veer Singh, Vishnu, Satendra, Suresh, Munesh and Indrapal @ Indal Jatav have been convicted and sentenced for life imprisonment under Section 302/34 IPC alongwith fine of Rs. 30,000/-, each, and in default of payment of fine to undergo one year’s additional imprisonment; sentenced to ten years rigorous imprisonment alongwith fine of Rs.20,000/- each, under Section 364/34 I.P.C. and in default of payment of fine to undergo ten month’s additional imprisonment; sentenced to seven years imprisonment alongwith fine of Rs. 10,000/- each, under Section 201/34 I.P.C. and in default of payment of fine to undergo eight year’s additional imprisonment. All the sentences are directed to run concurrently.
2. The prosecution case is based upon the report of Manoj Kumar (PW-1), who is a resident of Dhaulana. On 1
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; mere suspicion is insufficient.
The court emphasized that circumstantial evidence must be reliable and corroborated; mere reliance on the last seen theory is insufficient for conviction.
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
The prosecution failed to establish a complete chain of circumstantial evidence and motive, leading to the acquittal of the appellants in a murder case.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
It is well settled that to sustain a conviction, where evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fu....
The reliability of eyewitness accounts and medical evidence in cases of direct evidence, and the diminished significance of motive in such cases.
Point of Law : Any weakness in the defence case would not obviate the prosecution from establishing the charge based on circumstantial evidence.
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