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SANJAY DWIVEDI
Harendrajeet Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This appeal is under section 374(2) of the Code of Criminal Procedure against the judgment dated 20.6.2019 passed by 21st Additional Sessions Judge and Special Judge (M.P. & M.L.A.), Bhopal in Special Case (P.P.M.) No. 41/2018 convicting the appellant under section 353 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year with fine of Rs. 2000/- and in default of payment of fine, additional rigorous imprisonment for one month.
2. As per the facts of the case, the controversy arose on the basis of an incident which took place on 24.6.2000 at around 7.30 p.m. wherein the appellant and his brother i.e. Paramjeet Singh went to the Police Station Gohalpur for lodging a report regarding the fact that the truck of one Indu Tiwari bearing Registration No. CIJ 8427 willfully crushed into the car of the appellant bearing Registration No. M.P. 20-5300 with intention of causing grievous hurt to him. As a result, FIR bearing Crime No. 345/2000 was registered against Indu Tiwari and offence under section 307 of the Indian Penal Code was registered against him at Police Station Gohalpur, District Jabalpur.
3. The investigation got done under the supe
The duty of the prosecution to establish that the case is not concocted, the duty of the court to consider delay in filing the FIR, and the importance of prompt registration of FIR for access to just....
Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing tw....
Inordinate delay in lodging FIR undermines prosecution credibility, necessitating corroborative evidence for conviction under S.354, IPC.
Conviction upheld for grievous hurt under IPC 326, but quashed for attempted murder under IPC 307 due to lack of evidence of intent.
The absence of specific charges does not invalidate the conviction if the defense was aware of the allegations and evidence is duly presented, emphasizing the reliability of witnesses' testimonies in....
Defective charge framing and unexplained FIR delay undermine the integrity of the trial, necessitating acquittal due to reasonable doubt on prosecution credibility.
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