GIRISH YADAV AND ORS. ETC. versus STATE OF MADHYA PRADESH

GIRISH YADAV AND ORS. ETC. versus STATE OF MADHYA PRADESH

The conviction and sentence of the accused under Section 302 read with Sections 148 and 149 IPC are supported by prompt FIR, credible eye-witness account corroborated by medical evidence, and the requirements of CrPC procedures were strictly fulfilled. No ground exists for interference with the concurrent findings of the courts below.

Parties
Appellants: Girish Yadav and ors.; Respondent: State of Madhya Pradesh; Complainant: R.C. Verma and S.P. Khera
Jurisdiction
India
Judgment Date
29 March 1996
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence Confirmed by High Court
Outcome
Appeals dismissed
Legal Topics
Murder, Unlawful Assembly, Appeal, Conviction Under IPC Section 302 Read With 148 and 149, Special Leave to Appeal Under Constitution Article 136, Section 154, 174, 319 Cr PC Procedures

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Parties

Girish Yadav and ors.

Appellants

State of Madhya Pradesh

Respondent

R.C. Verma and S.P. Khera

Complainant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence Confirmed by High Court

  1. 1 Validity of conviction under Section 302 read with Sections 148 and 149 IPC
  2. 2 Promptness and evidentiary value of FIR
  3. 3 Exercise of powers under Section 319 CrPC for issuing process against additional accused

Ratio Decidendi

The conviction and sentence of the accused under Section 302 read with Sections 148 and 149 IPC are supported by prompt FIR, credible eye-witness account corroborated by medical evidence, and the requirements of CrPC procedures were strictly fulfilled. No ground exists for interference with the concurrent findings of the courts below.

Court Disposition

Appeals dismissed

Orders

  • Bail bonds cancelled; accused directed to surrender to custody for serving remaining sentence.