Annas v. State
Case brief
What is this about?
High Court dismissed criminal appeals challenging conviction and sentence for murder and robbery. Court affirmed trial court's reliance on injured witness PW-15, rejecting claims of false implication and holding evidence consistent.
What did the court decide?
The appeals were dismissed; the impugned judgment and order on sentence by the trial court were affirmed. Surety bonds cancelled.
What the court decided
$~R-39 & 40
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.924/2002
MOHD. SOHAIB ..... Petitioner Through: Mr. M.L. Yadav and Mr. Narsingh Narain Rai, Advocates. versus STATE ..... Respondent Through: Mr. Kewal Singh Ahuja, APP for State. + CRL.A.2/2003 ANNAS ..... Petitioner Through: Mr. M.L. Yadav and Mr. Narsingh Narain Rai, Advocates. versus STATE ..... Respondent Through: Mr. Kewal Singh Ahuja, APP for State. CORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA
JUDGMENT
% 05.04.2018
Dr. S. Muralidhar, J. :
- These appeals by Mohd. Sohaib (A-1) and Annas (A-2) are directed against the impugned judgment dated 11th October 2002 passed by the
Crl.A. Nos. 924/2002 & 2/2003
Page 1 of 18
learned Additional Sessions Judge, Delhi („ASJ‟) in Sessions Case No. 56 of 1999 arising out of FIR No. 70 of 1999 registered at Police Station („PS‟) Timarpur, convicting both the Appellants for the offences punishable under Sections 302 and 392 read with Section 34 Indian Penal Code („IPC‟) and Section 394 IPC. Additionally, A-2 was held guilty and convicted for an offence punishable under Section 392 read with Section 397 IPC and A-1 was convicted for an offence punishable under Section 25 Arms Act.
Issues for consideration
3 issues framed by the court
Whether evidence of injured witness PW-15, who was also a deceased's relative, despite suggestion of business rivalry, was reliable and truthful without material inconsistency.
Whether the evidence of PW-7 who turned hostile could override the consistent testimony of the injured eye-witness PW-15.
Whether the high court should interfere with the conviction and sentence awarded by the trial court for murder and robbery.
Parties & counsel
- appellant
Mohd. Sohaib
- appellant
Annas
- respondent
State
Coram
Case details
As recorded by the court registry
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