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VIVEK RUSIA, ANIL VERMA
Takdeer Shah – Appellant
Versus
State of Madhya Pradesh Govt. – Respondent
JUDGMENT
1. Since all these six appeals have been filed against the common impugned judgment, therefore, the same are being decided by this common judgment.
2. All these appeals have been filed by all the appellants under section 374 of Criminal Procedure Code, 1973 (in short “Cr.P.C) against the impugned judgment dated 25.9.2012 passed by 5th Additional Sessions Judge, Mandsaur in Sessions Trial No. 229/2011, whereby all the appellants have been convicted under sections 148, 332/149 and 302/149 of IPC and sentenced to undergo one year R.I with fine of Rs. 1000/- each; two years R.I with fine of Rs. 2000/- each and life imprisonment with fine of Rs. 3000/- each respectively with usual default stipulation.
3. Prosecution case in brief is that on 18.7.2011 at night at about 08:40 PM police constable Mukesh Singh Bhadoriya and Brajraj Singh were posted at P.S. Y.D. Nagar in cobra Scott on special duty. During patrolling, when they turned to village Multanpura and reached near house of Ibrahim Aldad, they saw accused Raghu @ Sarfiraz having Katta in his one hand and one steel pipe in another hand and accused Maqsud Batla, Ashiq Gulla and Yusuf Gulla also having steel pipe and accused Sh
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
In a case based on circumstantial evidence, the prosecution must prove beyond a reasonable doubt that the circumstances are consistent with the guilt of the accused and that they exclude every other ....
The court found that the prosecution failed to prove the appellants' guilt beyond a reasonable doubt due to unreliable witness testimony and evidence inconsistencies.
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases based on circumstantial evidence.
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