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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ROHIT ARYA, DEEPAK KUMAR AGARWAL
Karan Singh S/o Prahlad Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
DEEPAK KUMAR AGARWAL, J.
1. Present Criminal Appeal u/s 374 of CrPC has been preferred by aforesaid appellants, challenging the judgment of conviction and order of sentence dated 26-12-2000 passed by Additional Sessions Judge, Ganj Basoda, District Vidisha (MP) in Sessions Trial No.109 of 1998, whereby appellants have been convicted under Section 148 , 302/149, 323/149 of IPC (on three counts) and sentenced to undergo one year RI under Section 148 of IPC, rigorous Life Imprisonment with fine of Rs.200/- under Section 302 /149 of IPC and further, sentenced to undergo six months' RI under Section 323 /149 of IPC. All sentences have been directed to run concurrently.
2. In brief, prosecution case is that complainant Bhagwan Singh (PW6) lodged a report at Police Station Basoda, District Vidisha stating therein that he is doing farming and yesterday i.e. 16-12-1997 his sons, namely, Guddu (PW1) and Balveer (PW5) had gone for gazing cattle and since it was too cloudy in the evening, his sons could not able to return home in time, therefore, his elder brother Majbhoot Singh had gone to bring them with him. Accused Rajmohan, Sumer Singh, Viren alias Virendra Singh, Prahlad Singh,
Minor inconsistencies in eyewitness testimony do not undermine the overall credibility of the case, particularly when witnesses have sustained injuries and evidence reflects a disproportionate respon....
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.
The central legal point established in the judgment is the exercise of the right of private defence by the accused and the application of the principle of individual offense in cases of exceeding the....
In cases involving a large number of assailants, it may be difficult for witnesses to attribute specific roles to each assailant, and minor discrepancies in the statements of rustic villagers may not....
The conviction for attempt to murder was altered to causing hurt due to insufficient evidence proving grievous injuries or intent to kill.
The reliability of the injured eye-witnesses' testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
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