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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Sher Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ASHWANI KUMAR MISHRA, J.
1. This appeal is directed against the judgment and order of conviction and sentence dated 30.03.2024, passed by the Sessions Judge at Firozabad in Sessions Trial No. 300669 of 2013 (State of U.P. Vs. Sher Singh and others), arising out of Case Crime No. 297 of 2012, Police Station Tundla, District Firozabad, whereby the accused appellants Sher Singh, Arjun Singh and Sanju have been convicted and sentenced to undergo ten years rigorous imprisonment alongwith fine of Rs.10,000/-, each, and in default of payment of fine, they shall undergo six months additional imprisonment and under Section 302 I.P.C. read with Section 34 of I.P.C. to undergo life imprisonment and a fine of Rs.10,000/-, each, and in default of payment of fine, they shall undergo six months additional imprisonment. All the sentences are directed to run concurrently.
2. The father of the deceased, namely, Charan Singh has lodged a written report stating that his 25 year old son Amar Pal @ Rinku (deceased) was running a shop of toys near the Vaishnav Dham Shrine. He used to sleep in the night at his shop. As per his routine, he had gone at about 7.00 p.m. on 29.04.2012 after having his
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The prosecution failed to establish a complete chain of circumstantial evidence and motive, leading to the acquittal of the appellants in a murder case.
Point of Law : Offence of Murder – Conviction set aside – Circumstantial Evidence – Chain of circumstances does not show link to each other.
Examination of witnesses by Police – Portion of prior statement shown to witness for contradicting the witness must be proved through Investigating Officer – Unless said portion of prior statement us....
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
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