ARVIND KUMAR MISHRA I, SARAL SRIVASTAVA
Babloo @ Ranjeet Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. facts of the incident and prosecution's case. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. defence argument questioning witness reliability. (Para 11 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. court analysis on evidence and witness credibility. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. legal evaluation of intent and culpability. (Para 35 , 36) |
| 5. final decision and dismissal of the appeal. (Para 38 , 39 , 40 , 41) |
JUDGMENT
Arvind Kumar Mishra-I, J.
Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material brought on record.
2. The instant appeal has been preferred against the judgement and order of conviction dated 01.05.2010 passed by the Special/Additional Sessions Judge, Ballia in Session Trial No.187 of 2008, arising out of Case Crime No.93 of 2008, under Section - 302 I.P.C., Police Station - Nagra, District - Ballia, whereby the appellant has been convicted and sentenced to undergo imprisonment for life under Section - 302 I.P.C., coupled with fine Rs.3,000/- in default of payment of fine, two years additional rigorous imprisonment.
3. Factual matrix of this case as discernible from record, proce
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 ....
Conviction cannot stand when significant doubts arise due to contradictory testimonies and acquittal of co-accused on similar evidence, emphasizing the principle of parity in criminal proceedings.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
Direct eyewitness testimony can establish guilt in murder cases, supported by physical evidence, where minor discrepancies do not diminish credibility.
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