Case Note & Summary
The case involved an appeal by the appellant against the judgment and order of the High Court of Uttarakhand, which had confirmed the conviction and sentence imposed by the Additional Sessions Judge for the murder of the deceased. The incident occurred on 29.11.2002, when the appellant shot the deceased in the back of the head while they were riding a bicycle together. Eyewitnesses PW-1 and PW-2 testified to the incident, and an FIR was lodged by PW-1. The appellant was charged under Section 302 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959. During the trial, the prosecution presented eight witnesses, including a doctor who conducted the post-mortem examination. The trial court found the eyewitness accounts credible and consistent, leading to the appellant's conviction. The appellant's subsequent appeal to the High Court was dismissed after a thorough review of the evidence. The Supreme Court, upon hearing arguments from both sides, found no legal infirmity in the High Court's decision and dismissed the appeal, affirming the conviction and sentence. The fee for the amicus curiae was also assessed and ordered to be paid.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - The appellant was convicted for murdering the deceased by shooting him in the head while riding a bicycle. The evidence of eyewitnesses corroborated the prosecution's case, and the post-mortem report supported the findings of the trial court. Held that the High Court's confirmation of the conviction did not suffer from any legal infirmity (Paras 2-10).
Issue of Consideration
Whether the High Court's confirmation of the conviction and sentence was legally sound.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction and sentence imposed by the trial court and confirmed by the High Court.
Law Points
- Murder
- Conviction
- Eyewitness Testimony
- Post Mortem Report
- Legal Infirmity
