Sanjeev Kumar Gupta Vs. State of U.P. (Now Uttarakhand)
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Head Note
Indian Penal Code,1860 - Section 302 , Section 149
Appeal against Conviction - Appreciation of Evidence - Eye Witness - Inconsistencies - Minor discrepancies - Testimonies of the prosecution witnesses are consistent, on the whole, and minor discrepancies are such that those will not weaken the prosecution case - Medical examination has gone further to strengthen their testimonies - Inconsistency with the statement given by P.W.1 in the F.I.R and the statement given in the Court the same not found to be fatal to the prosecution case.
Indian Penal Code,1860 - Section 302 , Section 149
Appeal against Conviction - Appreciation of Evidence - Unlawful Assembly - Common object - Murder - Not disputed that the accused persons were present at the site of the incident and were armed with deadly weapons - They had shared the common intention of stopping the deceased from contesting for the elections - These circumstances are indicative of the fact that all the accused persons, at that time, were the members of unlawful assembly because their common object was to threaten and prevent the deceased and other persons from contesting the College elections.
Indian Penal Code,1860 - Section 302 , Section 149
Investigation - Suffers from certain flaws such as non-recovery of the weapon used by the accused appellants and recovery of the blood stained shirt after six days of the date of the incident - Held that merely on the basis of these circumstances the entire case of the prosecution cannot be brushed aside when it has been proved by medical evidence corroborated by testimonies of the prosecution witnesses that the deceased died a homicidal death.
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