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SIDDHARTHA VARMA, VINOD DIWAKAR
Sarpal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Brief facts of the case necessary for the adjudication of the instant appeal are that on 5.7.2013 Karu @ Rajpal with his wife Ruma Devi, his elder brother Satyapal and his brother-in-law Karan Singh (Sala) was going from his Sasural at Khetapur to his village at Tikra in a bullock cart which is also called Danlap. At around 7:00pm three persons riding upon a motorcycle came from behind and asked them to stop the bullock cart. As per the first information report lodged by Satyapal, three miscreants had a scuffle with Karu and Satyapal and when they were reluctant to stop the bullock cart one person sitting on the motorcycle fired with an intention to kill Karu with a country made pistol. The shot hit the left side of the chest of Karu. After having fired, the three miscreants ran away on the motorcycle towards Tikara. The three of them, it has been stated in the first information report, were not very aged persons. The first informant could not recognize them. He has stated in the first information report that the dead body of the deceased was lying at the spot and he had gone to get the first information report lodged and he had requested for an investigation. Upon the
The prosecution must establish the identity of the accused beyond reasonable doubt, and discrepancies in witness testimonies significantly weaken the case.
The central legal point established in the judgment is the requirement for proper identification in court and the need for reliable and untampered evidence in criminal cases.
The court emphasized the necessity of consistent and reliable eyewitness testimony, finding significant discrepancies that undermined the prosecution's case.
Prosecution has failed to prove charges levelled against accused persons under Sections 302/34, 201 IPC and Section 25 of Arms Act by any reliable, cogent and independent evidence to hilt beyond reas....
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to the acquittal of the accused.
The judgment emphasizes the importance of thoroughly analyzing witness testimonies, considering contradictions, and ensuring strict compliance with the law in using police statements for contradictio....
Conviction upheld - Reliability of witness testimony - It is settled that merely because witnesses are close relatives of victim, their testimonies cannot be discarded. Relationship with one of parti....
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