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RAJAN ROY, AJAI KUMAR SRIVASTAVA I
Gore Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajan Roy, J.
Heard Sri B.M. Sahai, learned counsel for the appellant nos.3, 6, 8 & 10 and Sri Umesh Chandra Verma, learned A.G.A. for the State.
2. This is an appeal under Section 374 Cr.P.C. against the judgment and order dated 26.07.1986 passed by Special Judge, Unnao in Session Trial No.261/1984 lodged at P.S.-Asiwan, District-Unnao sentencing each of the appellants to undergo life imprisonment under Section 302 read with Section149 I.P.C. and two years' rigorous imprisonment under Section 148 I.P.C.
3. Out of the ten appellants who had filed this appeal only appellant nos.3, 6, 8 & 10 are alive. The appeal with regard to others has already been dismissed as abated.
4. It is a case of double murder.
5. The case of prosecution in nutshell is that there was a prior enmity between the accused and the deceased. Some of the accused had fired upon him earlier which led to a criminal case. He was a witness in another murder case involving some of the accused. A year ago, these persons had falsely implicated the deceased and Informant in a case in which they had been acquitted by the Sessions Court. A couple of months ago, deceased was attacked with bombs etc which led to anot
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 conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of....
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 ....
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.
The main legal point established in the judgment is the reliance on trustworthy and reliable testimony of prosecution witnesses, despite their relationship to the deceased, to establish the guilt of ....
The court acquitted the appellants due to insufficient evidence and inconsistencies in witness testimonies, emphasizing the need for credible proof in criminal convictions.
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.
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