RAJENDRA & ANR. versus STATE OF U.P.

Conviction of the appellants is justified as parts of even hostile witnesses' evidence corroborate the prosecution case, particularly regarding the accused's involvement; minor witness PW4 was not tutored with respect to the material facts and medical evidence also corroborates the prosecution narrative of death by asphyxia due to drowning.

Parties: Appellant: Rajendra; Appellant: Narpat; Respondent: State of U.P.
Jurisdiction: India
Judgment Date: 08 April 2009
Procedural Posture: Criminal Appeal / Final Disposition (supreme Court of India)
Outcome: Appeal dismissed, conviction and sentence affirmed, appeal abated for deceased appellant.
Legal Topics: Murder, Section 302 IPC, Section 34 IPC, Hostile Witness, Corroboration, FIR Timing, Medical Evidence

Criminal Law Murder Section 302 IPC Section 34 IPC Hostile Witness Corroboration FIR Timing Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Rajendra

Appellant

Narpat

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Final Disposition (supreme Court of India)

Legal Issues

1 Whether conviction can be sustained based on evidence of hostile and minor witnesses
2 Whether medical evidence contradicts prosecution's case
3 Applicability of falsus in uno, falsus in omnibus principle

Ratio Decidendi

Court Disposition

Appeal dismissed, conviction and sentence affirmed, appeal abated for deceased appellant.

Orders

Appeal dismissed as to surviving appellant Rajendra; Narpat's appeal abated due to his death