2018 (4) ADR 168 ::AIROnline 2018 Del 948

Delhi High Court

Hon'ble Judge(s): Vipin Sanghi, P. S. Teji , JJ

Penal Code (45 of 1860) , S.302, S.307, S.397, S.392— Arms Act (54 of 1959) , S.25, S.27, S.54, S.59— Evidence Act (1 of 1872) , S.3, S.8— Murder - Appreciation of evidence - Intention - Allegation that accused while committing robbery fired gun shots resulting in death of deceased and severe injury to his son - Public witness, deposing that when deceased tried to recover robbed bag, accused fired gun shots resulting in death of deceased - Corroborative testimony of several independent eye witness, reliable and credible - Testimony of eye witnesses corroborated by medical evidence - Minor variations in testimonies of eye witnesses due to normal errors of observation, lapse of time, and due to mental disposition such as shock and horror at time of occurrence - Evidence of record proving that action of accused pre-planned - Injured witness, son of deceased correctly identified accused - Guilt of accused proved beyond reasonable doubt - Conviction, proper (Para 65) .....