IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, AVNISH SAXENA
Kaushal @ Alok Chauhan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of facts and the incident leading to conviction. (Para 1 , 3 , 4 , 14) |
| 2. appellant's defense arguments and claims of false implication. (Para 7 , 8 , 28 , 29) |
| 3. judicial review of jurisdiction and evidence analysis. (Para 9 , 10 , 11 , 12) |
| 4. trustworthiness of witnesses and confirmation of evidence. (Para 18 , 26 , 30 , 31) |
| 5. final ruling and direction for the appellant's sentencing. (Para 33 , 34) |
JUDGMENT :
Avnish Saxena, J.
1. The present appeal is preferred against the judgment of conviction and sentence dated 09.07.2012 passed by the court of Additional Sessions Judge, Court No.2, Etawah in Sessions Trial No.59 of 2006 (State Vs. Kushal alias Alok Chauhan S/o Krishan Chandra Chauhan), in Case Crime No.383 of 1997, Police Station Kotwali, District Etawah, under Section 302 read with Section 34 of I.P.C.
2. The accused-appellant is punished with imprisonment for life and Rs.10,000/- fine, in default, two years additional imprisonment for committing the offence of murder committed in furtherance of common intention.
3. According to First Information Report (F.I.R.), two accused, namely, Deepak Dixit alias Deepu S/o Hari Om and Kaushal alias Alok Chauhan
Goverdhan and another Vs. State of Chattisgarh
Gowrishankara Swamigalu Vs. State of Karnataka and Another
Jitendra Kumar Mishra alias Jittu Vs. State of M.P.
Ashok Kumar Chaudhary Vs. State of Bihar
The conviction for murder under Section 302 I.P.C. upheld as credible witness testimony established the accused's involvement in a common intention to commit the crime.
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 distinction between intention and motive is crucial in determining the nature of the offence, and the duty to separate evidence for each accused is essential in criminal cases.
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 court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
Advocates appeared :For the Appellant : Rinkesh Goyal For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay
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....
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