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S.K.GANGELE, ROHIT ARYA
Yogendra – Appellant
Versus
State of M. P. – Respondent
S.K. Gangele, J.
1. The learned Trial Judge [Third Additional Sessions Judge, Ambah, District Morena (MP)] has forwarded this Criminal Reference to this Court in terms of the provisions of Section 366 of Code of Criminal Procedure for confirmation of the capital punishment awarded to the accused Yogendra alias Jogendra Singh vide his judgment of conviction and sentence dated 24th July, 2014, delivered in Sessions Trial No.388/2013, convicting the accused for the offences punishable under sections 302, 326(k)(Three counts), and 460 of IPC and awarding him capital punishment of death sentence, life sentence on three counts and fine of Rs.25,000/- each, and ten years' RI and fine of Rs.5000/- with default stipulations, respectively.
2. The accused has also filed Criminal Appeal No.883/2014 assailing impugned judgment of conviction and sentence.
3. Both these cases are clubbed, heard together and are decided by this common judgment.
4. The accused is charged for commission of offence of death of Shrimati Ruby (deceased) by causing acid burn injuries to her as also charged for causing acid burn injuries to other witnesses namely Chandrakala (PW 3), Janu alias Janvi Prasad (PW 4) a
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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