STATE OF U.P. versus ATUL SINGH ETC. ETC.

STATE OF U.P. versus ATUL SINGH ETC. ETC.

The acquittal of Sanjay Vishvakarma cannot be sustained as the evidence of the eyewitness is credible and cogent; non-mention of accused in inquest report or medical record does not invalidate the eyewitness account. Section 34 IPC is not applicable to Atul Singh and Brij Kishore Singh alias Dimple, as the evidence does not establish common intention; their acquittal is justified.

Parties
Appellant: State of U.P.; Respondent: Atul Singh; Respondent: Sanjay Vishwakarma; Respondent: Brij Kishore Singh alias Dimple
Jurisdiction
India
Judgment Date
08 May 2009
Procedural Posture
Criminal Appeal / Decision on Appeal Against High Court Acquittal
Outcome
Appeal partly allowed.
Legal Topics
Murder, Evidence of Related Witnesses, Inquest Report, Common Intention Under Section 34 IPC
Criminal Law Murder Evidence of Related Witnesses Inquest Report Common Intention Under Section 34 IPC

Case Brief

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Parties

State of U.P.

Appellant

Atul Singh

Respondent

Sanjay Vishwakarma

Respondent

Brij Kishore Singh alias Dimple

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal Against High Court Acquittal

Legal Issues

  1. 1 Whether the evidence of an eyewitness who is a relative of the deceased can be discarded solely on grounds of relationship or non-mention in inquest report.
  2. 2 Whether Section 34 IPC is applicable to the two co-accused for conviction of murder.

Ratio Decidendi

The acquittal of Sanjay Vishvakarma cannot be sustained as the evidence of the eyewitness is credible and cogent; non-mention of accused in inquest report or medical record does not invalidate the eyewitness account. Section 34 IPC is not applicable to Atul Singh and Brij Kishore Singh alias Dimple, as the evidence does not establish common intention; their acquittal is justified.

Court Disposition

Appeal partly allowed.

Orders

  • Acquittal of Sanjay Vishvakarma set aside; he shall surrender to custody forthwith to serve the remainder of sentence.
  • Acquittal of Atul Singh and Brij Kishore Singh alias Dimple upheld.