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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Rajendra – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Chandra Dhari Singh, J.
1. The instant criminal appeal has been filed by appellant against a judgment dated 20.09.2019 and order dated 23.09.2019 passed by the Additional District and Sessions Judge, Deoband, Saharanpur in Sessions Trial No. 603 of 2015 arising out of Case Crime No. 247 of 2015, under Section 302 IPC whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 10,000/-, in case of default in payment of fine, he was further directed to undergo additional imprisonment of one year.
Brief Facts of the case
2. The brief facts of the case as set up in the first information report is that a written report was filed by Smt. Babita, wife of Harpal Singh, resident of Rankhandi, Police Station Deoband, District Saharanpur that Rajendra Singh, son of late Subedar Singh (hereinafter referred to as “the accused- appellant”) wanted to sell the ancestral property of his part, which was being opposed by her husband Harpal Singh (hereinafter referred to as “the deceased”) for the future of his (accused) children due to which the accused-appellant harbour enmity with the deceased and used to abuse the deceased. He also extended threa
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
Circumstantial evidence must be fully established and form a complete chain, with no reasonable doubt about the accused's guilt for a conviction to be upheld.
The court affirmed that the prosecution must prove its case beyond reasonable doubt, and testimonies of interested witnesses can be credible if corroborated by medical evidence.
The main legal point established in the judgment is the reliance on circumstantial evidence to establish the guilt of the accused under IPC Section 302.
The conviction under Section 323 IPC was overturned due to discrepancies in witness testimonies and insufficient evidence supporting the prosecution's claims.
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 ....
Prosecution must prove guilt beyond reasonable doubt; lack of motive and unreliable witness testimonies undermine conviction.
The defendant's conviction for murder was overturned due to unreliable eyewitness accounts and the prosecution's failure to examine the investigating officer, raising reasonable doubt.
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