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RAM MANOHAR NARAYAN MISHRA
Abrar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. details of charges and evidence presented (Para 1 , 3 , 4) |
| 2. court’s analysis of the evidence and determination of reasonable doubt. (Para 2 , 5) |
| 3. arguments presented by both sides regarding the evidence and witness credibility. (Para 6) |
| 4. arguments regarding witness credibility and enmity (Para 7 , 8) |
| 5. court's analysis of prosecution evidence (Para 9 , 10 , 11) |
| 6. doubts cast on firearm recovery implications (Para 12) |
| 7. affirmation of conviction with modified sentencing (Para 13 , 15) |
| 8. final order and compliance instructions (Para 14 , 16 , 17) |
JUDGMENT :
Hon'ble Ram Manohar Narayan Mishra, J.
1. Instant appeal arises out of the judgement and order dated 30.5.2018 passed by Additional District and Sessions Judge, Fast Track Court No.2, Fatehpur in S.T. No. 291 of 2015 ( State vs. Abrar ) arising out of Case Crime No.245 of 2015, under Section 3 07 IPC, Police Station Bindki, District Fatehpur as well as S.T. No.292 of 2015, under Section 3 /25 ARMS ACT , arising out of Crime No. 250 of 2015, P.S. Bindki, District - Fatehpur, convicting the appellant under Sections 3 07) IPC and Section 3 /25 of ARMS ACT and sentencing him as under:
The court affirmed conviction for attempted murder while reducing the sentence due to mitigating circumstances, highlighting scrutiny of evidence in violent crime cases and the need for direct corrob....
The conviction for attempted murder under Section 307 IPC was upheld based on eyewitness accounts, while the charge under the Arms Act was dismissed due to insufficient evidence.
Minor injuries do not negate culpability for attempt to commit murder; intention inferred from actions and circumstances surrounding the act.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
Attempt to murder – Intention to kill must be apparent from act of accused.
Prosecution must provide corroborative evidence, especially in firearm offences; mere accusations without substantiating proof cannot sustain a conviction.
Conviction under Section 307 IPC reversed due to hostile corroborative witness, inconsistencies between injured witness testimony and FIR, unexplained FIR delay despite prior police information, abse....
Acquittal upheld where prosecution fails to prove intent to commit murder beyond reasonable doubt.
The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.
Point of Law : Obviously, enmity was existing between both the sides and some altercation is stated to have taken place which has been trid to be coloured differently by the prosecution witnesses.
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