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SUJOY PAUL, BINOD KUMAR DWIVEDI
Ravi Kushwaha S/o Gangaram Kushwaha – Appellant
Versus
State of Madhya Pradesh, Through Police Station Gorakhpur – Respondent
JUDGMENT
1. These Criminal Appeals take exception to the judgment dated 26.04.2023 passed in S.T. No. 544/2021 whereby the appellants Ravi Kushwaha and Raja Kushwaha (in criminal appeal No. 6479 of 2023) and appellant Vinay Kushwaha (in criminal appeal No. 7954 of 2023) were held guilty for committing offences as under:
Appellants | Convicted under Sections | Sentenced to undergo |
1. Ravi Kushwaha | 302 of IPC (on two counts) | Death sentence to each accused (on each count). |
450 of IPC | R.I. for seven years and fine of Rs. 10,000/- | |
307/34 of IPC | R.I. for seven years with fine of Rs.10,000/- | |
324/34 of IPC | R.I. for one year with fine of Rs. 1,000/- | |
323/34 of IPC | R.I. for six months with fine of Rs. 1,000/-. | |
2. Raja Kushwaha | 302 of IPC (on two counts) | Death sentence to each accused (on each count). |
450 of IPC | R.I. for seven years and fine of Rs. 10,000/- | |
307/34 of IPC | R.I. for seven years with fine of Rs.10,000/- to each accused. | |
324/34 of IPC | R.I. for one year with fine of Rs. 1,000/- to each accused. | |
323/34 of IPC | R.I. for six months with fine of Rs. 1,000/- to each | |
|
| accused. | |
3. Vinay Kushwaha | 302 of IPC (on two counts) | Death sentence to each accused (on each count). |
450 of IPC | R.I. for seven years and fine of Rs. 10,000/- | |
The dying declaration of the deceased was found to be trustworthy and reliable, leading to the appellants' conviction under Sec. 302 read with Sec. 34 of the Indian Penal Code.
The court emphasized the credibility of dying declarations as substantive evidence, modifying convictions based on the established intent and involvement of the accused in the crime.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
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.
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