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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Jagannath – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Hirdesh, J.
1.The present criminal appeal under Section 374 (2) of CrPC has been filed by appellant- Jagannath challenging the judgment of conviction and order of sentence dated 21-12-2013 passed by Third Additional Sessions Judge, Guna in Sessions Trial No.152 of 2013 by which, appellant has been convicted under Section 302 of IPC and sentenced to undergo for Life Imprisonment with fine of Rs.10,000/-, in default of payment of fine amount, he shall further undergo Six Months' additional Rigorous Imprisonment.
2. As per the case of prosecution, on the date of incident i.e. 24-01-2013 around 11:00 am, Sarjan Singh (PW4), brother of Chander Singh (since deceased) submitted a report with Police Chowki Ukawad, PS Jamner to the effect that around 09:00 am in the morning, he received information on his mobile No.9827753304 from mobile No.8103456390 of Hakim Singh that Chander Singh has been murdered in Kola Ki Bedri and at the time of commission of murder of Chander Singh, his wife Daryav Bai has seen the incident. Accused Mangilal held down Chander Singh. Accused Samandar, Jagannath (present appellant) and Munshi alias Vikram assaulted Chander Singh by means of axe. Total five
The court upheld the conviction under IPC Section 302, affirming that witness credibility, including relatives, supports the prosecution when corroborated by medical evidence.
The prosecution must establish the guilt of the accused beyond a reasonable doubt based on consistent and trustworthy evidence, including eyewitness testimony, medical evidence, and incriminating cir....
The court affirmed the conviction based on credible eyewitness testimonies and medical evidence establishing a strong link between the accused and the murder, despite minor discrepancies.
Eyewitness testimony from relatives, if corroborated by physical evidence, can be deemed reliable regardless of familial interest.
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
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