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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Santosh – Appellant
Versus
State of U.P. – Respondent
Judgment :
Sanjiv Kumar J.
1. All the above three Criminal Appeals have been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 29.11.2006 passed by Sri Shyam Sundar, Additional Sessions Judge, Court No. 6, Mainpuri, in Session Trial No. 128 of 2002 (State Vs. Santosh and Others). As all the above three Criminal Appeals have been filed against the common judgment and order dated 29.11.2006, and therefore, all of them are being decided by a common judgment.
2. The Criminal Appeal No. 7543 of 2006 has been filed by appellants, to wit, Santosh son of Charan Singh, Kamlesh son of Sua Ram, Ram Naresh son of Sonelal and Ram Pal son of Kanaujiya Lal; Criminal Appeal No. 7712 of 2006 has been filed by appellants- Satyvir Singh, Shiv Vir Singh and Ram Avtar all sons of Sonelal and Criminal Appeal No. 7713 of 2006 has been filed by the appellants- Sukhvir son of Charan Singh and Arvind Singh son of Ram Naresh, all residents of Village- Nagla Bandh, Police Station- Kisni, District- Mainpuri, against the judgment and order dated 29.11.2006 passed by the Additional Sessions Judge, Court No. 6 Mainpuri, in Sessions Trial No. 128 of 2002, as aforesaid.
3. By the impugned judgmen
The prosecution must prove the case beyond reasonable doubt, relying primarily on credible eyewitness testimony and corroborative forensic evidence, particularly in murder convictions.
The court reaffirmed that consistent eyewitness testimony, corroborated by medical evidence, is sufficient to establish guilt in murder cases under IPC Sections 147, 149, and 302.
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
Murder – When there is ample unimpeachable ocular evidence and same has been corroborated by medical evidence, non-recovery of weapon does not affect persecution case.
The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and contradictions and doubts in the evidence can lead to the f....
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