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GURPAL SINGH AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
Bhoop Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. Ahluwalia, J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the Judgment and Sentence dated 8-5-2012 passed by IVth Additional Sessions Judge, Morena in S.T. No.309/2010 by which the Appellant has been convicted 302 of IPC and has been sentenced to undergo the Life Imprisonment and a fine of Rs.5,000/-, in default 6 months R.I.
2. It is not out of place to mention here that the police after completing the investigation had filed charge sheet for offence under Sections 307, 326 of IPC and charges were also framed for offence under Section 307 of IPC. However, during the pendency of the Trial, the deceased Jagman Singh died on 8-12-2010 and accordingly, the charge was altered and by order fated 18-1-2011, charge under Section 302 of IPC was framed.
3. Further, on 14-7-2022, a statement was made by Shri Ashish Saraswat, Counsel for the complainant, that the Appellant Bhoop Singh has jumped parole and has not surrendered. Further, an information has also been received from the Central Jail, Gwalior, that the Appellant is not in jail. Now the only question for consideration is that whether the Appeal can be heard on merits or not?
4. The Supreme Co
The conduct of the accused in running away from the spot with the weapon of offence, which was found to be stained with human blood, can be considered as an incriminating circumstance to establish gu....
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The main legal point established in the judgment is the burden of proof on the accused to establish any exception upon which they rely, and the reliance on credible evidence to establish guilt beyond....
The main legal point established in the judgment is the court's interpretation of the accused's mental state and the plea of insanity in relation to the commission of the crime. The court also emphas....
The recovery of evidence must be unimpeachable and not shrouded with elements of doubt to sustain the guilt of the accused.
The court established that the conviction for culpable homicide not amounting to murder is justified when intent to kill is not proven, relying on witness credibility and evidential discrepancies.
The main legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt, the presumption of innocence in favor of the accused, and the importance of circumstantial ....
The main legal point established in the judgment is that in cases based on circumstantial evidence, the prosecution must prove the guilt of the accused beyond reasonable doubt, and the evidence prese....
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