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VIVEK RUSIA, ANIL VERMA
Kammu @ Kamlesh – Appellant
Versus
State of M. P. – Respondent
| Table of Content |
|---|
| 1. overview of the case and convictions (Para 1 , 2 , 3) |
| 2. defense arguments against conviction (Para 4 , 5 , 13 , 15) |
| 3. assessment of medical evidence and postmortem (Para 6 , 7 , 8 , 9) |
| 4. witness testimonies related to the incident (Para 10 , 11 , 12 , 14) |
| 5. credibility of witnesses and legal precedents (Para 16 , 17 , 18 , 19) |
| 6. circumstantial evidence establishing guilt (Para 20 , 21 , 22) |
| 7. motive and conviction affirmation (Para 23 , 24 , 25) |
| 8. final judgment and orders (Para 26 , 27 , 28 , 29) |
JUDGMENT
1. This judgment shall govern the disposal of Criminal Appeal No.917/2013 (Kammu @ Kamlesh v. State of M.P.), Criminal Appeal No. 936/2013 ( Sheju Mewati @ Shahjad Kha v. State of M.P.) and Criminal Appeal No. 988/2013 (Rijwan @ Teju Sheikh, Jafar and Ansar v. State of M.P.) as all these criminal appeals are arising out of common judgment dated 29/06/2013 passed in Sessions Trial no 100/2011 by 5th Additional Sessions Judge, Mandsaur, whereby the appellants have been convicted and sentenced as under :
| Nos | Appellant's name | Conviction | Sentence | Fine | In default of fine |
| 1. | Kammu @ Kamlesh | 120-B and 302/120-B | Life Imprisonment each | Rs. 1000/- each | T |
The court upheld the conviction for murder but commuted the death penalty to life imprisonment due to lack of aggravating circumstances and potential for rehabilitation.
Murder and criminal conspiracy – Liberty of a person should not ordinarily be interfered with unless there exist cogent grounds therefor--Conviction can only be sustained in absence of reasonable dou....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The court upheld the murder conviction based on credible eyewitness testimony and medical evidence, while acquitting co-accused due to insufficient proof of their involvement in the crime.
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....
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