JANAK SINGH AND ANR. versus STATE OF UTTAR PRADESH

JANAK SINGH AND ANR. versus STATE OF UTTAR PRADESH

Section 34 IPC is applicable to the facts as both accused acted with common intention in the murder; direct evidence of eyewitness is reliable; inconsistency regarding distance between medical and eyewitness evidence is immaterial; judgments of courts below are well-reasoned and supported by cogent evidence; no...

Source-derived case information.

Parties
Appellant: Janak Singh; Appellant: Sarvesh; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
19 April 2004
Procedural Posture
Criminal Appeal / Supreme Court Appeal Post Conviction and Sentence Affirmed by High Court
Outcome
Appeal dismissed
Legal Topics
Murder, Common Intention, Joint Liability, Credibility of Eyewitness, Section 302 IPC, Section 34 IPC, Article 136 Constitution of India
Criminal Law Murder Common Intention Joint Liability Credibility of Eyewitness Section 302 IPC Section 34 IPC Article 136 Constitution of India

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Parties

Janak Singh

Appellant

Sarvesh

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Post Conviction and Sentence Affirmed by High Court

Legal Issues

  1. 1 Whether Section 34 IPC applies for joint liability in murder
  2. 2 Credibility and consistency of eyewitness testimony vis-à-vis medical evidence
  3. 3 Grounds for interference under Article 136

Ratio Decidendi

Section 34 IPC is applicable to the facts as both accused acted with common intention in the murder; direct evidence of eyewitness is reliable; inconsistency regarding distance between medical and eyewitness evidence is immaterial; judgments of courts below are well-reasoned and supported by cogent evidence; no ground for interference under Article 136 Constitution of India.

Court Disposition

Appeal dismissed

Orders

  • Accused persons who are on bail are directed to surrender to custody forthwith to serve remainder of sentence.