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Conviction under Section 302 read with section 34 IPC for murder based on eyewitness testimony in a dark place with disputed lighting conditions. Analysis: The judgment pertains to an appeal against the conviction of the appellant and three others under Section 302 read with section 34 IPC for the murder of one Ved Prakash. The deceased was the younger brother of a Registered Medical Practitioner, and the incident occurred at the clinic where both the deceased and his brother were present. The prosecution's case relied on the eyewitness accounts of P.W. 3 and P.W. 4, who witnessed the accused attacking the deceased with knives near a gurdwara. The trial court convicted the accused based on the evidence presented. During the trial, the defense attempted to establish that the place of occurrence was dark due to fused electric tubes, making identification of the assailants difficult for the eyewitnesses. A defense witness, an Electrician, testified about the non-functioning street lights in the area prior to the incident. However, the court found this evidence to be unconvincing and unreliable, as the witness failed to prove the alleged letter from the Gurdwara Manager or his role in replacing the electric tubes. The defense also questioned the ability of the eyewitnesses to identify the accused in the dark. However, the court noted that there was no cross-examination of P.W. 3 regarding the identification of the accused, and P.W. 4's testimony about the color of the accused's shirt supported the prosecution's version. Additionally, the Investigating Officer testified that while the light was insufficient for completing the inquest proceedings, it was not entirely dark at the scene of the crime. The court found no merit in the argument that the lack of sufficient light hindered the identification of the assailants, as the IO had recorded statements from the eyewitnesses under the existing lighting conditions. Ultimately, both the trial court and the High Court upheld the conviction, concluding that the prosecution had successfully proven the presence of functioning electric tube lights near the place of occurrence. The appeal was dismissed, affirming the guilt of the appellant and the other accused in the murder case.
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