State of U.P. Vs. Raghunandan @ Bade Mali & Ors
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Head Note
Indian Penal Code,1860 - Section 148 , Section 149 , Section 404 , Section 302
Acquittal - Inconsistencies in testimony - Since the recovery of licensed weapon of the deceased from the house of the accused 'R'@ 'B' was not established, though statedly armed with a double barrel rifle had not used that weapon at all, the assessment made by the High Court that there could be possibility of over implication held to quite correct - View taken by the High Court as regards the acquittal of four accused, to be a possible view which would not warrant any interference in this appeal against acquittal.
Indian Penal Code,1860 - Section 148 , Section 149 , Section 404 , Section 302
Murder - Conviction Upheld - Eye Witnesses - Inconsistencies in Testimony - Inconsistencies not pertaining to the basic substratum of the case - FIR lodged soon after the incident - Injuries on the person of the deceased also show that more than one fire arm must have been used in the transaction - Even if the recovery of the licensed weapon of the deceased is eschewed, the recovery of the country made pistols from 'S' and 'R' stands completely proved - Empty cartridges found at the spot, as opined by the Ballistic Expert, are found to have been fired from those country-made pistols recovered from 'S' and 'R' - Involvement of accused 'S' and 'R' in the incident in question stands fully established - Conviction and sentence as recorded concurrently against 'S' and 'R' affirmed.
Topic(s)-Murder - Eye Witnesses - Inconsistencies in Testimony - Conviction Upheld