GULAB versus STATE OF UTTAR PRADESH

GULAB versus STATE OF UTTAR PRADESH

The Supreme Court affirmed the conviction under Section 302 read with Section 34 IPC because the consistent and credible ocular testimony of three eyewitnesses established the appellant's presence, possession of a lathi and exhortation to the co-accused who then fired the fatal shot, and neither the related status of witnesses nor non-recovery of the weapon or absence of a ballistic report sufficed to undermine the prosecution in the circumstances of this case.

Parties
Appellant: Gulab; Respondent: State of Uttar Pradesh; Co Accused (deceased): Idrish
Jurisdiction
India
Judgment Date
09 December 2021
Procedural Posture
Criminal Appeal / Judgment by the Supreme Court on Appeal From High Court of Judicature at Allahabad
Outcome
Appeal dismissed
Legal Topics
Murder (section 302 Ipc), Common Intention (section 34 Ipc), Exhortation to Co Accused, Credibility of Eyewitnesses (related Witnesses), Ballistics/evidence of Firearm, Delay in Lodging FIR
Criminal Law Evidence Penal Code, 1860 Murder (section 302 Ipc) Common Intention (section 34 Ipc) Exhortation to Co Accused Credibility of Eyewitnesses (related Witnesses) Ballistics/evidence of Firearm +1 more

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Parties

Gulab

Appellant

State of Uttar Pradesh

Respondent

Idrish

Co Accused (deceased)

Procedural Posture

Criminal Appeal / Judgment by the Supreme Court on Appeal From High Court of Judicature at Allahabad

Legal Issues

  1. 1 Whether the appellant was liable under Section 302 read with Section 34 IPC for the killing
  2. 2 Whether the testimony of relatives of the deceased as eyewitnesses could be relied upon
  3. 3 Whether non-recovery of the weapon and non-production of a ballistic expert report undermined the prosecution case

Ratio Decidendi

The Supreme Court affirmed the conviction under Section 302 read with Section 34 IPC because the consistent and credible ocular testimony of three eyewitnesses established the appellant's presence, possession of a lathi and exhortation to the co-accused who then fired the fatal shot, and neither the related status of witnesses nor non-recovery of the weapon or absence of a ballistic report sufficed to undermine the prosecution in the circumstances of this case.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of imprisonment for life of the appellant confirmed
  • Pending application(s), if any, shall stand disposed of