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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
SANGEETA CHANDRA, MOHD. FAIZ ALAM KHAN
Annu Khatik – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. classification of appeals and common judgment (Para 1 , 2 , 3) |
| 2. details of the incident and medical assessment (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. process of evidence collection and testimonies (Para 10 , 11 , 12) |
| 4. arguments presented by defense counsel (Para 20 , 21 , 22 , 23) |
| 5. prosecution's response and witness credibility (Para 24 , 25 , 26) |
| 6. court's final ruling on the appeal (Para 63 , 64 , 68) |
| 7. conclusion and order (Para 66 , 70 , 72) |
JUDGMENT :
Mohd. Faiz Alam Khan, J.
1. Heard Shri Rajesh Kumar Dwivedi, learned Amicus for appellant-Chunni Lal and Raj Kumar Yadav, who have been released from the prison after remission has been granted to them in Criminal Appeal Nos. 351 of 2005 and 532 of 2005, Shri Chandra Shekher Pandey for appellant-Sanjay Yadav in Criminal Appeal No. 402 of 2005 and Shri Bipin Kumar Rai for appellant-Annu Khatik and Shri A.A. Zaidi for appellant-Munna Khatik in Criminal Appeal No. 351 of 2005 and Shri Prabhat Adhaulia, learned A.G.A. for the State and perused the record.
2. All these appeals have been preferred by the convict appellants against the same impugned judgment and order and thus for the sake of convenience all these three appeal
The court confirmed that related eyewitnesses can provide reliable testimony in murder cases when corroborated by medical evidence, emphasizing that evidence must be assessed for credibility rather t....
Criminal Law - Common Intention - Liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act....
Convictions can be based on a sole eyewitness's testimony if credible; however, significant contradictions can undermine the prosecution's case, particularly regarding common intention under Section ....
Conviction based on unreliable eyewitness testimonies that lack independent corroboration cannot establish guilt beyond a reasonable doubt.
Common intention under Section 34 IPC can be established through evidence of participation in the crime, even without prior planning, as demonstrated by the credible testimony of an eyewitness.
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
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