Sections 302 read with 34, 504 and 506 IPC Arms Act Section 25 Indian Evidence Act Sections 3 and 134 Murder Conviction and Sentence Appreciation of evidence

 Sections 302 read with 34, 504 and 506 IPC Arms Act Section 25 Indian Evidence Act Sections 3 and 134 Murder Conviction and Sentence Appreciation of evidence Accused persons allegedly fired shots with country made pistols on deceased resulting in his death  Eyewitness testimony Testimony of eyewitness clearly reveals that he was present on the spot and witnessed the incident Though declared hostile as regards co-accused, his testimony regarding firing of shot and manner in which deceased received injuries remained uncontroverted - Medical evidence that ante-mortem injuries found upon body of deceased caused by firearms - Testimony of eyewitness corroborated by medical evidence - Recovery of weapons - Injuries were so grievous that there was no chance of survival - Evidence on record shows that all accused joined together with common intention of committing murder of deceased - Conviction, proper. [Paras 32, 34, 35, 38, 50 and 51]

 

Amit vs State of UP CRL-A 3774/11 22/08/22 [ MAHESH JJ ]

 

[ ALLAHABAD HIGH COURT ]