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Issues involved:
The judgment involves issues related to murder, conviction under section 302 of the Penal Code, abetment under section 107 of the Penal Code, evidence evaluation, identification parade, and acquittal. Murder Conviction of Sia Ram: The judgment pertains to the murder case where Sia Ram was convicted under section 302 of the Penal Code for the murder of Kunwar Singh. The incident occurred on October 20, 1970, where Sia Ram shot Kunwar Singh resulting in his death. The evidence provided by witness Brijendra Singh Yadav was crucial in establishing Sia Ram's involvement in the murder. The courts upheld the conviction based on the clear evidence presented, confirming Sia Ram's guilt beyond doubt. Abetment Allegation against Violet: The judgment also addresses the abetment allegation against Violet in connection with the murder. Violet's only attributed action was shouting upon seeing Kunwar Singh approaching. The courts deliberated on whether this action constituted intentional aiding as per section 107 of the Penal Code. It was emphasized that mere facilitation of a crime is not sufficient to establish abetment; intentional aiding is essential. Despite the lack of concrete evidence linking Violet to the murderous intent, the High Court's reasoning for her complicity was deemed unjustified, leading to her acquittal. Identification Parade and Acquittal of Shri Ram: The judgment further discusses the acquittal of Shri Ram, who was initially convicted under section 302 read with section 109. The High Court overturned the conviction based on various factors, including the absence of a proper identification parade and inconsistencies in witness testimonies. The court highlighted the importance of due process and the need for concrete evidence to sustain a conviction. The doubts raised regarding witness credibility and the lack of corroborative evidence led to the acquittal of Shri Ram. Conclusion: In conclusion, the Supreme Court dismissed the appeal of Sia Ram, upholding his conviction and sentence for murder. However, the appeals of Violet and Shri Ram were allowed, leading to their acquittal. The judgment underscores the significance of robust evidence, adherence to legal procedures such as identification parades, and the requirement of intentional aiding to establish abetment in criminal cases.
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