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302 murder case clarification for sentence with life term


05-Mar-2023 (In Criminal Law)
Section 302 murder case has been registered and trail is on going. Lw1 examined in court . LW1 in her complaint has mentioned LW5( one eyewitness ) as person who accompanied her to search the body of the deceased. LW-5 dispensed by PP. LW-4 another eyewitness examined and mentioned LW-4 was with him seeing the occurrence of murder committed by the accused (A1 to A8). LW-2 who wrote the complaint for LW-1 during examined agreed that LW-4 name was mentioned in the complaint as LW-1 dictated ,LW-1 do not know to write or read.LW-1 denied that she had mentioned LW-4 name nor he accompanied during search of the body of the deceased along with LW-6,LW7 &LW8. LW6,LW7 & LW8 dispensed by PP. LW-4 deposition was perfect narrating the sequence of murder as to who blow the sickle where and how by all A1 to A8. Material evidence marked as MOS1,2 & 3 also his deposition mentioned the enmity leading to murder as mentioned by LW1 and LW2 what is the possibility to sentence with life for Accused
Answers (2)

Answer #1
606 votes
For your query it is not easy to answer without looking to entire file and veracity of the statements , even if there is no evidences or contrary evidences there are changes of conviction on the basis of circumstantial evidence, discuss with any advocate.

Answer #2
538 votes
Dear Sir,
It all depends upon several more factors and also involves little consciousness of the judge. Role of advocate and prosecutor is important to convince the judge. Better file written arguments prepared by experienced legal expert so that you can get justice.

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