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
Case Brief
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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
Legal Issues
- 1 Validity of conviction under Section 302 read with Sections 148 and 149 IPC
- 2 Promptness and evidentiary value of FIR
- 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.
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