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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, HIRDESH
Ganesh Balai S/O Shri Ramesh Balai – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. appellant convicted of murder. (Para 1 , 2 , 3 , 4) |
| 2. arguments on reliability of witness. (Para 5 , 15 , 21) |
| 3. death confirmed as homicidal. (Para 6 , 8 , 10) |
| 4. testimony from relatives considered valid. (Para 16 , 18 , 20 , 30) |
| 5. appeal dismissed, conviction upheld. (Para 32 , 33) |
JUDGMENT :
1. This criminal appeal under Section 374 (2) of Cr.P.C. has been preferred by the appellant being aggrieved by the judgment dated 20.11.2013 passed by Sessions Judge, Indore in Session Trial No.829/2012 whereby the trial court has convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life with fine of Rs.10,000/- and in default of payment of fine to further undergo six months additional R.I.
2. According to the prosecution story on 11.04.2012, Sheetal (PW-7) who is daughter of deceased and accused came to the house of her grandfather (Nana) at 5:30 P.M. and stated that appellant is beating her mother. Thereafter, grandfather Gorelal (PW-5) and grandmother Sundarbai (PW-6) came along with Sheetal (PW-7) to the house of the appellant and saw that appellant assaulted his wife Aarti with knife and she
The testimony of related witnesses is admissible and credible if substantiated by corroborating evidence; the mere relationship does not diminish its evidentiary value.
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
The prosecution failed to establish the accused's guilt beyond reasonable doubt due to reliance on unreliable oral dying declarations and absence of key corroborative evidence.
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 affirmed the conviction for murder under Section 302 and assault under Section 324, ruling that credible eyewitness testimonies and medical evidence met the burden of proof beyond reasonabl....
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