“High Court Upholds Life Sentences in Notorious Ahsan Murder Case: ‘The Evidence Rings with the Truth'”

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family mental Land Criminal Policy High CourtLand Electricity Marital Marriage emphasizes balance between the accused’s rights and judicial efficiency in corruption charges under Delhi Excise Policy 2021-22. In a significant ruling on June 7, 2024, the Delhi High Court upheld the Special Judge’s order rejecting the deferment of arguments on charges in the high-profile Delhi Excise Policy 2021-22 corruption case. The bench, presided over by Hon’ble Ms. Justice Swarana Kanta Sharma, stressed the importance of fair trial rights while ensuring that proceedings are conducted without unnecessary delays. The case involves allegations of a criminal conspiracy and corruption in the formulation of the Delhi Excise Policy 2021-22. The Central Bureau of Investigation (CBI) registered an FIR on August 17, 2022, accusing several individuals, including public servants, of receiving substantial kickbacks to create loopholes in the policy, which were later exploited. The investigation revealed that around Rs. 90-100 crores were paid in advance by individuals from the South Indian liquor business to co-accused, forming a cartel among liquor manufacturers, wholesalers, and retailers. Arun Ramchandran Pillai, one of the accused, challenged the trial court’s decision to proceed with arguments on charge, seeking deferment until supplementary chargesheets against other co-accused were filed. Ensuring Fair Trial: Justice Swarana Kanta Sharma emphasized the necessity of providing the accused with all relevant materials collected by the prosecution to prepare their defense. “Section 207 Cr.P.C. underscores the importance of ensuring an accused is fully informed about the case against them, enabling a thorough defense,” she noted. The court recognized the complexity of the conspiracy charges, highlighting the interlinked roles of the accused. Balancing Speedy Proceedings: The court addressed the need to balance the rights of the accused with the imperative of avoiding undue delays. “The judicial process must not be hindered by strategic delays,” Justice Sharma observed. The court noted that the CBI assured the filing of a supplementary chargesheet against co-accused Smt. K. Kavitha by June 10, 2024, and directed the trial court to ensure timely supply of these documents to the accused. The High Court extensively deliberated on the principles of fair trial and speedy justice. It reiterated that while the accused must be provided with all incriminating evidence, the proceedings should not be stalled. “The trial court’s approach of halting arguments on charge upon the filing of any supplementary chargesheet and then resuming them ensures a balanced approach,” the court stated. Justice Swarana Kanta Sharma remarked, “The accused’s right to a fair trial is paramount, yet it must coexist with the judiciary’s duty to avoid unnecessary procedural delays.” The Delhi High Court’s dismissal of the petition reinforces the judicial commitment to balancing fair trial rights with the need for expeditious proceedings. By affirming the trial court’s order and directing the timely provision of supplementary chargesheets, the judgment ensures that the judicial process remains efficient while safeguarding the rights of the accused. This ruling is expected to set a precedent for handling complex conspiracy cases, ensuring both fairness and efficiency in the judicial process. Date of Decision: June 7, 2024 Arun Ramchandran Pillai vs. Central Bureau of Investigation Engineer Property Suicide Legal Evidence Sexual Motor Food Cheque personal Registrar Intervention Marriage EvidenceWife Motor PoliceCriminal License

 In a significant ruling, the Madhya Pradesh High Court at the Indore Bench, comprising Justices Vivek Rusia and Anil Verma, affirmed the life imprisonment sentences of the appellants involved in the murder of Ahsan. The court meticulously reviewed the evidence and testimonies, dismissing the appeals filed against the Sessions Court’s judgment in Criminal Appeals No. 917, 936, and 988 of 2013.

The appellants, Kammu @ Kamlesh, Sheju Mewati @ Shahjad Kha, Ansar, Rijwan @ Tinu, and Jafar, were convicted under Sections 120-B and 302 of the Indian Penal Code for their involvement in a calculated and brutal murder conspiracy. The case, which sent shockwaves through the community, centered around the killing of Ahsan, who was shot dead following a premeditated plan by the accused.

In their judgment, the High Court judges stated, “The trial court has rightly held that such contradictions and omissions are trivial in nature and same is neither material nor sufficient to discard their testimony which are duly corroborated by statement of each other.” This observation was critical in dismissing the appellants’ claims of contradictions and omissions in the prosecution’s case.

The pivotal evidence in the case included the testimony of the key eyewitness, Naushad (PW-2), and the medical evidence provided by Dr. D.K. Sharma (PW-8), who conducted the postmortem. The court noted that despite some witnesses turning hostile, the overall evidence, including the forensic analysis, supported the prosecution’s narrative.

The High Court, referring to precedents set by the Supreme Court, highlighted the importance of the credibility of eyewitness accounts and the need for scrutiny. “Discrepancies which do not shake the credibility of the witnesses and the basic version of the prosecution case to be discarded,” the bench noted, emphasizing the solidity of the evidence presented.

The judges concluded by affirming the trial court’s decision, stating, “We hold that the trial Court has rightly convicted and sentenced the aforesaid appellants.” They directed the appellants, who were out on bail, to surrender within 15 days to serve their remaining sentences.

This ruling reinforces the judiciary’s commitment to ensuring justice in criminal cases, even in the face of challenges and appeals. The Ahsan murder case, with its complexities and implications, thus reaches a conclusive end, upholding the rule of law and the sanctity of the judicial process in India.

Date of Decided on: 21-03-2024

KAMMU @ KAMLESH S/O KAILASH MALI AND OTHERS Vs.THE STATE OF MADHYA PRADESH AND OTHERS

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