Back
VIVEK RUSIA, RAJENDRA KUMAR VANI
State Of M. P. – Appellant
Versus
Jagdish – Respondent
JUDGMENT :
(Rajendra Kumar Vani, J.)
This appeal has been filed under Section 378 of Cr.P.C by the State against the judgment dated 21.05.2002 passed by the First Additional Sessions Judge Dabra District Gwalior, in Sessions Trial No. 391 of 1994 after taking leave to file appeal vide order dated 21.11.2003 passed in M.Cr.C.No.2431/2003 by which leave to file appeal has been granted against respondents No.1- Jagdish, No.2- Raghuveer, No.3- Kamta, No.5- Siyasharan, No.7-Laxman, No.13- Jaswant and No.17- Omprakash. During pendency of appeal respondent No.2- Raghuveer has died, and therefore, his name has been deleted from the array of respondents. Vide impugned judgment passed by the trial Court respondents No.1- Jagdish, No.3- Kamta, No.5- Siyasharan, No.7-Laxman, No.13-Jaswant and No.17- Omprakash have been acquitted of the charges under sections 147, 148, 302 or 302/149, 307 of IPC (Respondent No.1- Jagdish has been acquitted of charge under Section 302 & remaining of charge under Section 302/149 of IPC).
2. Prosecution story, in short, is that on 06.02.1994 Uttam Singh (PW-2) alongwith his father Sitaram was in his field in village Kutoli. Pran Singh & Kallu came to Sitaram to buy
The prosecution must prove guilt beyond a reasonable doubt; if evidence allows for two reasonable conclusions, the one favoring the accused prevails.
The reliability of eyewitness testimony and the establishment of motive are crucial in proving guilt beyond reasonable doubt.
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....
(1) Fact that trial/appeal should have taken years and that other accused should have died during appeal cannot be a ground for acquittal of Appellant.(2) In a criminal trial, credible evidence of ev....
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....
Murder – Minor contradictions do not affect prosecution case.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
