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VIJAY KUMAR SHUKLA, HIRDESH
Vijay @ Pappu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This criminal appeal has been filed preferred by the appellant being aggrieved by the judgment dated 15.05.2012 passed by Sessions Judge, Indore in Session Trial No.179/11 whereby the trial Court has convicted the appellant of offence punishable under section 302 of IPC and sentenced him to undergo R.I. for life with fine of RS.500/- and in default of payment of fine, three months’ additional imprisonment.
2. According to prosecution story, PW-1 Vidhyabai and her husband deceased Omprakash and accused Vijay @ Pappu were residing together in house No.780, Dwarikarpuri, Indore. On 23.11.2010 when PW-1 Vidhyabai was sitting in the house, the appellant came with iron pestle (Moosli) and asked his father Omprakash “why have you not got my marriage solemnized yet” and thereafter, he assaulted the deceased and killed him. When PW-1 cried then PW-2 Vijay Kumar and PW-3 Tarun came and caught the appellant. PW-1 Vidhyabai lodged Dehati Nalishi Ex.P-1 Merg intimation Ex.P-18 and police registered F.I.R. on the basis of Dehati Nalishi Ex.P-13 under section 302 of IPC against the appellant.
3. During investigation, police prepared spot map Ex.P-2 and seized blooded cotton, plain cott
The conviction for murder was upheld based on substantial eyewitness testimony and evidence of motive, affirming the principle that direct evidence substantiates a guilty verdict beyond reasonable do....
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
Prosecution must prove guilt beyond reasonable doubt; lack of motive and unreliable witness testimonies undermine conviction.
A conviction under Section 302 IPC requires reliable evidence beyond hearsay; mere allegations without corroboration are insufficient for a guilty verdict.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
The reliability of eyewitness accounts and medical evidence in cases of direct evidence, and the diminished significance of motive in such cases.
The court established that a conviction for murder can be sustained on the basis of circumstantial evidence, provided that the evidence forms a complete chain that leads to the only reasonable conclu....
The court ruled that the prosecution failed to prove the accused's guilt beyond a reasonable doubt due to unreliable eyewitness testimony and insufficient evidence.
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