V.RAMASWAMI, A.M.AHMADI, K.RAMASWAMY
Khujji Surendra Tiwari – Appellant
Versus
State Of M. P. – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The appellate court can record a conviction under section 34 of the Indian Penal Code even if some accused persons are acquitted, provided it finds that both the appellant and the acquitted accused were involved in the commission of the crime, upon re-appreciation of evidence (!) (!) .
The evidence of witnesses declared hostile can still be partially relied upon if parts of their testimony are otherwise acceptable, particularly regarding the occurrence and involvement of accused persons (!) (!) .
The presence of an independent witness at the scene, who testifies to the incident, can be considered credible if the circumstances and locality support his presence, even if his testimony is challenged on cross-examination (!) (!) .
Evidence of discovery of weapons and blood-stained articles, even if the blood group cannot be conclusively determined, can corroborate eyewitness testimony indicating the accused's involvement in the assault (!) (!) .
The fact that the blood stains on weapons and clothing are human blood, even without blood group identification, can be significant circumstantial evidence linking the accused to the crime (!) (!) .
The conviction for murder can be sustained even if direct medical evidence does not conclusively establish that the accused caused the fatal injury, especially if the evidence suggests multiple participants and the accused’s involvement in the assault (!) (!) .
The law permits the appellate court to re-evaluate evidence and arrive at its own findings, independent of the trial court’s conclusions, including the application of section 34 or 149 of the IPC, in cases where multiple persons participated in the crime (!) (!) .
The absence of the accused’s name in certain reports (such as inquest reports) does not necessarily diminish the credibility of eyewitness testimony or circumstantial evidence, as the purpose of such reports is limited to noting physical condition and injuries (!) .
The fact that witnesses may change their testimony over time or under cross-examination does not automatically invalidate their initial statements if their overall account remains credible and consistent with other evidence (!) (!) .
The conviction can be upheld based on circumstantial evidence, such as the presence of blood on weapons and clothing, the discovery of weapons at the accused’s premises, and eyewitness accounts, even if direct evidence linking the accused to the fatal injury is not conclusive (!) (!) .
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JUDGMENT
AHMADI, J.:— This appeal by special leave is preferred by the appellant Khujji alias Surender Tiwari who has been convicted by both the courts below under S. 302, IPC, for the murder of one Gulab. The facts leading to this appeal, briefly stated, are that on the evening of May 20, 1978 the deceased Gulab and his companion PW 4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee. PW 3 Kishan Lal pulled the Rickshaw and while he was passing through Suji Mohalla near Panchsheel Talkies the appellant and his companions surrounded the Rickshaw and launched an attack on the deceased and his companion. PW4 was the first to receive an injury by a cycle chain. Sensing trouble both Gulab and PW 4 jumped out of the Rickshaw and ran in different ,directions. Gulab ran towards Suji Mohalla whereas PW 4 ran towards Panchsheel Talkies. They were chased by the assaillants who formed themselves into two groups. PW4 was fortunate enough to escape with not too serious an injury but his companion Gulab received stab wounds to which he succumbed on the spot. The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, (i) a penetrating stab
followed : Brathi v. State of Punjab
distinguished : Baikantha Nath Chaudhury v. State of Orissa
Kasturi Lal v. State of Haryana
Chandubhai Shanabhai Parmar v. State of Gujarat
Krishna Govind Patil v. State of Maharashtra
relied on : Bhagwan Singh v. State of Haryana
Rabindra KumarDey v. State of Orissa
Syad Akbar v. State of Karnataka
followed : Himachal Pradesh Administration v. Om Prakash
distinguished : Kansa Behera v. State of Orissa
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