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SUBODH ABHYANKAR
Vikram Singh – Appellant
Versus
State of M. P. – Respondent
JUDGEMENT
1. Heard finally, with the consent of the parties.
2. This criminal appeal has been filed under section 374(2) of Cr.P.C., by the appellant – Vikram Singh S/o. Bane Singh, against the judgement dated 4.7.2000 passed in S.T. No.47/1999 by I Additional Sessions Judge, Ujjain (M.P.) whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him as under:-
| Conviction | Sentence |
| |
| Section Act 307 IPC 25(1B)(a) Arms Act | Imprisonment 5 years R.I. 1 year R.I. | Fine Rs.500/- Rs.500/- | Imprisonment in lieu of Fine 1 year R.I. 3 months R.I. |
3. In brief, the facts of the case are that on 14.05.1998, at around 10 am in the morning when the complainant PW/3 Mohammad Sattar Qureshi, a resident of Gram Undasa, was sitting outside of his quarter, and his son Mohammad Anees, one Sultan, Kamleshwar and Peerulal of village were chatting, at that time, accused persons, namely, Babu Singh, Vikram Singh (the present appellant), and their uncle Ratan Singh, whose name was not known at that time, came and started abusing them, and when they were opposed, Babu Singh and Vikram Singh took out their country made pistols, whereas
The prosecution's failure to explain injuries on the accused undermined the credibility of its case, resulting in the acquittal of the appellants under the benefit of doubt.
Prosecution's failure to explain the injuries on the accused undermines its credibility, justifying the acquittal based on reasonable doubt.
Conviction affirmed – Offence of Murder - Prosecution evidence is trustworthy and prosecution has brought home the guilt of all the appellants by cogent, credible and trustworthy evidence.
Non-explanation of injuries sustained by the accused creates reasonable doubt about the prosecution's credibility, crucial for establishing guilt in criminal cases.
Prosecution must prove charges beyond a reasonable doubt; insufficient evidence and unreliable testimonies can lead to acquittal.
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