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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, DEVNARAYAN MISHRA
Om Prakash @ Lallu – Appellant
Versus
State of M.P. – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's conviction based on evidence. (Para 1 , 4) |
| 2. details of the incident and medical examination (Para 2 , 3 , 11 , 12) |
| 3. legal arguments presented by both parties. (Para 5 , 9) |
| 4. assertion of false implication and lack of eyewitnesses (Para 6 , 8 , 10) |
| 5. issues regarding reliability of medical evidence. (Para 13 , 21) |
| 6. prosecution failed to prove guilt beyond reasonable doubt (Para 35 , 36) |
| 7. acquittal and discharge of bail bonds (Para 37 , 38 , 39 , 40) |
ORDER :
Devnarayan Mishra, J.
This appeal has been preferred being aggrieved with the judgment dated 04.04.1997 passed by Additional Sessions Judge/Special Judge (NDPS Act), Jabalpur in Sessions Trial No.615/1995 by which the appellant has been convicted for the offence punishable under Sections 302 of the IPC and sentenced to R.I. for life imprisonment with default stipulations.
2. In nutshell the prosecution case before the trial Court was that on 17.03.1995 at about 12:15 PM deceased Dheeraj Singh purchased Samosa from the shop of Ashok Nema and sitting in the school ground of Belkheda was having Samosa. Appellant Om Prakash @ Lallu reached there and demanded Samona on which the deceased
The prosecution's case must be established beyond reasonable doubt, especially when relying on dying declarations, which must be corroborated and trustworthy.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
The reliability and consistency of dying declarations are crucial in criminal cases, especially when multiple contradictory declarations are present.
The integrity of dying declarations is affirmed where corroborative medical evidence reinforces their reliability, despite procedural irregularities, leading to conviction.
Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.
The essential ingredient of motive/intention under Section 302 IPC must be established to convict a person for the offence of murder.
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