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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, ANIL VERMA, JJ.
Mohammad Asif S/o Mohammad Ayyub - Appellant
Versus
The State of Madhya Pradesh - Respondent
Criminal Appeal Nos. 162, 1457 of 2015, Criminal Appeal No. 276 of 2016
Decided On : 01-11-2023
| Table of Content |
|---|
| 1. overview of appeals and conviction (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments against conviction and in favor of acquittal (Para 8 , 9) |
| 3. evidence and identification of appellant (Para 10 , 11 , 20) |
| 4. medical evidence supporting homicide claim (Para 12 , 13 , 14) |
| 5. eyewitness accounts of key events (Para 15 , 16 , 17) |
| 6. identification parade and credibility of witnesses (Para 18 , 19 , 24) |
| 7. judicial standards on eyewitness credibility (Para 21 , 22 , 23) |
| 8. evidence insufficiency for acquitted co-accused (Para 26 , 27 , 28) |
| 9. upholding acquittal on grounds of reasonable doubt (Para 29 , 30) |
| 10. final dismissals and confirmation of conviction (Para 31 , 32 , 33 , 34 , 35) |
JUDGMENT :
ANIL VERMA, J.
1. This judgment shall govern the disposal of the Criminal Appeal No. 162 of 2015 ( Mohd. Asif Vs. State of M.P. ), Criminal Appeal No. 1457 of 2015 ( State of M.P. Vs. Pista @ Shakil and others ) and Criminal Appeal No. 276 of 2016 ( State of M.P. Vs. Mohd. Ayyub Kala and Anr. ), as all the three criminal appeals arise out of the common judgment dated 20.1.2015.
2. The appellant Mohd. Asif has preferred Criminal Appeal No.162/2015 against the judgment dated 20.1.2015 passed in Sessions Trial No.487/2011 by the 3rd Addl. Sessions Judge, Ujjain (M.P.), whereby he has been convicted for the offence under Section 148 of IPC and sentenced to 3 years R.I. He has been also convicted for the offence under Section 302 IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- and compensation of Rs.50,000/-, with usual default stipulation. All other co-accused persons have been acquitted from the charges under Section 147 , 148, 302/149 and 153-A of IPC.
3. The State has preferred Criminal Appeal No. 1457 of 2015 and Criminal Appeal No.276 of 2016 against the judgment of acquittal of accused Pista @ Shakil, Mohsin @ Baccha, Jafar, Imran, Mohd. Asif, Abdul Latif, Ajju @ Ajhar, Mohd. Ayyub Kala and Ajhar in the same aforesaid case.
4. As per the prosecution story on the intervening night of 2- 3/9/2011 at about 1.20 A.M. complainant Jagdish Rami (PW-1) reported Dehati Nalishi (Ex.P/1) at P.S. Mahakal, Ujjain by stating that he along with his brother Mahesh Rami (deceased) and Madanlal were going towards the house situated at Daulatganj as their mother resides there, at that time accused persons including 10 to 15 boys belonging to the Muslim community came there from Topkhana side and they started assaulting upon Mahesh Rami by kicks and fists and stones. At that time appellant Mohd. Asif took out a knife and inflicted injury over the stomach of Mahesh Rami with intention to kill him, due to which blood was oozing out. Complainant and Madanlal took the injured Mahesh to their home and thereafter to hospital, but during the treatment Mahesh succumbed. It was also alleged that youths of Muslim community made quarrel regarding the installation of Ganesh idol at Fawwara Chowk, due to which communal riot began between Hindu and Muslim community. They also disturbed the harmony between both the communities. Dr. G.S. Dhawan (PW-4) performed the postmortem of the deceased and found various injuries over the body of the deceased and opined that death of deceased is homicidal in nature.
5. Further prosecution story is that, Inspector Aaradhna Raikwar has prepared the spot map and seized blood stained pant of the victim. Accused persons have been arrested and during the investigation, a knife and blood stained pant and shirt has been recovered from the possession of appellant Mohd. Asif. Blood stained and simple soil was also recovered from the place of incident. All the accused persons have been arrested and during the test identification parade Mohd. Asif and other co-accused persons were identified by the different eyewitnesses. Call details has also been seized. After obtaining the sanction for their prosecution from the State Government regarding the offence under Section 153 of IPC, charge sheet has been prepared.
6. After
The court upheld the murder conviction based on credible eyewitness testimony and medical evidence, while acquitting co-accused due to insufficient proof of their involvement in the crime.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The appellate court must respect the trial court's credibility assessments unless found to be perverse, while overturning acquittals requires strong evidence and cannot merely rely on the possibility....
Acquittal - There cannot be any straight-jacket formula to apply readily for the cases in appeals arising out of acquittal recorded by the trial Court. Whether the view taken by the trial Court is a ....
Eyewitness testimony, even from related witnesses, can sustain a conviction if corroborated by cohesive evidence; procedural lapses in FIR handling do not necessarily vitiate a trial.
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