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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, NALIN KUMAR SRIVASTAVA
Tejveer – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. procedural history and evidence presented. (Para 8 , 9 , 10 , 12 , 13 , 14) |
| 3. witness testimonies and their credibility. (Para 19 , 20 , 32 , 44 , 58 , 69) |
| 4. application of circumstantial evidence. (Para 65 , 68 , 79) |
| 5. final decision and orders of the court. (Para 80 , 81 , 82 , 83) |
JUDGMENT :
J.J. Munir, J.
1. By this judgment, we propose to decide the present criminal appeal and the connected Criminal Appeal No.5320 of 2021, both of which arise out of a judgment and order of Ms. Deepika Tiwari, the then Additional Sessions Judge, FTC-I, Bulandshahr dated 25.10.2021 in Sessions Trial No.644 of 2019, State v. Tejveer and others. By the said judgment and order, the learned Trial Judge has convicted the appellants in both the appeals for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) and sentenced each of them to suffer imprisonment for life, besides ordering them to pay a fine of Rs.10,000/- each. In default of payment of fine, the appellant in default has been directed to undergo further rigorous imprisonment for a period of two years. At the
Prosecution must establish guilt beyond reasonable doubt, even when witnesses turn hostile; circumstantial evidence can lead to conviction if it excludes all reasonable hypotheses of innocence.
The court reinforces that a dying declaration can be the sole basis for conviction if deemed truthful, voluntary, and corroborated by reliable evidence.
(1) Proof of fact – Law does not contemplate stitching pieces of evidence in a watertight manner, for standard of proof in a criminal case is not proof beyond all doubts but only beyond reasonable do....
Point of law: Conviction set aside – Murder case - duty is cast upon the prosecution to produce worthwhile evidence to establish the guilt against the accused beyond all reasonable doubt.
Point of Law : Section 101 of the Indian Evidence Act, 1872 reveals that whenever a Court desires to give judgment as to any legal right or liability depend on the existence of facts which he asserts....
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, caution against relying solely on the testimony of a hostile witness, and the absence of conclusive evidence poi....
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
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