SUPREME COURT UPHOLDS MURDER CONVICTION

by | Oct 18, 2024

ASPECTS DETAILS
Case Title Sandeep vs State of Uttarakhand
Introduction The case states about the murder of Abdul Hameed in 1997, for which Sandeep was convicted under Section 302 IPC. This appeal challenges the conviction.
Factual Background On 30.10.1997, Abdul Hameed was shot by Sandeep and his accomplices, allegedly over a dispute regarding jaggery. Sandeep was found guilty, while two co-accused were acquitted.
Legal Issues
  1. Whether Sandeep’s conviction under Section 302 r/w 34 IPC was valid despite the acquittal of co-accused.
  2. Role of evidence in establishing guilt.
Applicable Law
  • Section 302 IPC (Murder) Of IPC
  • Section 34 IPC (Common Intention) Of IPC
  • Section 25/27 of the Arms Act
Analysis Witnesses (PW1, PW2) corroborated the prosecution’s version, confirming that Sandeep fired the fatal shot.Minor discrepancies in evidence didn’t undermine the core findings.
Conclusion Conviction under Section 302 IPC upheld; however, conviction under Section 34 IPC was set aside due to lack of evidence implicating the co-accused.
Current Scenario Sandeep’s life sentence was reduced to time already served (over 14 years) due to mitigating factors like reformation potential and good conduct.

CASE SUMMARYIn this case, Sandeep was convicted for the murder of Abdul Hameed in 1997. The prosecution presented two key eyewitnesses (PW1, PW2), who testified that Sandeep shot Abdul Hameed after a dispute over jaggery. While the trial court sentenced Sandeep to life imprisonment under Section 302 IPC, the co-accused were acquitted. On appeal, the Supreme Court upheld the murder conviction but set aside the Section 34 IPC charge due to lack of evidence implicating others. Considering Sandeep’s reformation and good conduct during incarceration, the Court reduced his sentence to time already served.

“Even minor discrepancies in evidence cannot shake the foundation of a case if the core facts are proved beyond reasonable doubt.”SUPREME COURT OF INDIA

 

 

SOURCE – SUPREME COURT OF INDIA

READ ALSOEXAMINING THE DOCTRINE OF LIS PENDENS IN LAND DISPUTES

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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