RAMESH AND ANR versus STATE OF U.P.

RAMESH AND ANR versus STATE OF U.P.

The conviction under s.302 r/w s.149 IPC is sustainable as the evidence of PW-4 and PW-5, though interested, is credible and sufficiently corroborated; non-examination of other witnesses does not weaken prosecution given enmity between parties and credible medical and circumstantial evidence.

Parties
Appellant: Ramesh; Appellant: Ram Nath; Appellant: Mani Ram; Appellant: Ram Kumar; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Final Disposition by Supreme Court
Outcome
Appeals dismissed; conviction confirmed
Legal Topics
Murder, Unlawful Assembly, Evidence Assessment, Interested Witnesses
Criminal Law Murder Unlawful Assembly Evidence Assessment Interested Witnesses

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Parties

Ramesh

Appellant

Ram Nath

Appellant

Mani Ram

Appellant

Ram Kumar

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether conviction under s.302 r/w s.149 IPC is sustainable where prosecution case rests mainly on interested witnesses
  2. 2 Whether non-examination of other witnesses vitiates prosecution case

Ratio Decidendi

The conviction under s.302 r/w s.149 IPC is sustainable as the evidence of PW-4 and PW-5, though interested, is credible and sufficiently corroborated; non-examination of other witnesses does not weaken prosecution given enmity between parties and credible medical and circumstantial evidence.

Court Disposition

Appeals dismissed; conviction confirmed

Orders

  • All appeals are dismissed.
  • Conviction and sentences as imposed by the Courts below are confirmed.