VIRENDRA @ BUDDHU & ANR. versus STATE OF U.P.

VIRENDRA @ BUDDHU & ANR. versus STATE OF U.P.

The conviction based on corroborative, reliable evidence of wife and daughter, supported by medical evidence (especially presence of rigor mortis) is valid; discrepancies regarding timing and place, including semi-digested food and crop types, do not undermine prosecution case; child witness testimony, if credible, should not be rejected solely for inability to answer all questions; no grounds found to interfere with High Court's reversal of acquittal.

Parties
Appellant: Virendra @ Buddhu; Appellant: Ram Asrey @ Tami; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
17 October 2008
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Assault, Murder, Testimony of Child Witness, Appreciation of Evidence, Acquittal and Conviction, Indian Penal Code S.302 R/w S.34, Indian Evidence Act S.118, Code of Criminal Procedure S.107 and S.117
Criminal Law Assault Murder Testimony of Child Witness Appreciation of Evidence Acquittal and Conviction Indian Penal Code S.302 R/w S.34 Indian Evidence Act S.118 +1 more

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Parties

Virendra @ Buddhu

Appellant

Ram Asrey @ Tami

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether testimony of wife and daughter (PW1 and PW2) is reliable for convicting appellants
  2. 2 Whether medical evidence contradicts prosecution's timeline
  3. 3 Competency of child witness under Evidence Act s.118

Ratio Decidendi

The conviction based on corroborative, reliable evidence of wife and daughter, supported by medical evidence (especially presence of rigor mortis) is valid; discrepancies regarding timing and place, including semi-digested food and crop types, do not undermine prosecution case; child witness testimony, if credible, should not be rejected solely for inability to answer all questions; no grounds found to interfere with High Court's reversal of acquittal.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Imprisonment for life under Section 302 read with Section 34 IPC.
  • No interference with High Court judgment; acquittal of Girish Chandra affirmed.