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SUJOY PAUL, AMAR NATH (KESHARWANI)
RINKU @ AZHARUDDIN S/o NOOR UDDIN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT SUJOY PAUL, J. : – These appeals filed under section 374(2) of Criminal Procedure Code take exception to the judgment dated 29-10-2011 passed in Sessions Case No. 151/2011 by learned Sessions Judge, Bhopal whereby both the appellants were convicted and sentenced by the trial Court as under –
| Sl. No. | Convicted under Sections | Sentenced to undergo |
| 1. | 302 of the IPC in alternative 302 read with 34 of the IPC (each) | Life imprisonment with fine of Rs.1000/- and in default, to undergo R.I. for two months (each) |
| 2. | 25(1-B) of the Arms Act (each) | R.I. for one year with fine of Rs.1000/- and in default, to undergo R.I. for two months (each) |
| 3. | 27 of the Arms Act (each) | R.I. for one year with fine of Rs.1000/- and in default, to undergo R.I. for two months (each) |
| with the direction that all the sentences shall run concurrently | ||
2. The prosecution story in short is that complainant Ahmed Hussain (PW-1) got an information from Raees (PW-2) on 9-12-2010 that his son Altaf @ Cheeku was assaulted by appellants Rinku @ Azharuddin a
The delay in recording witness statements and minor discrepancies in evidence do not necessarily undermine the credibility of the witnesses or the prosecution's case.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
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