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2022 Supreme(SC) 1128

UDAY UMESH LALIT, S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
Ashok Kumar Singh Chandel – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Parties : Mr. Harin P. Raval, Sr. Adv. Mr. S.K. Pandey, Adv. Mr. Chandreshekhar A. Chakalabbi, Adv. Mr. Awanish Kumar, Adv. Mr. Anshul Rai, Adv. Mr. Abinav Garg, Adv. Mr. D. Girish Kumar, Adv. Mr. Kumar Vinaykam Gupta, Adv. Mr. Anupam Jain, Adv. M/S. Dharmaprabhas Law Associates, AOR Mr. Jayant Muthuraj, Sr. Adv. Mr. Arjun D. Singh, Adv. Mr. Sandeep Jha, Adv. Mr. Aashish Singh, Adv. Ayun D. Singh, Adv. Mr. Dharmendra Kumar Sinha, AOR Mr. Ratnakar Dash, Sr. Adv. Mr. Shashank Singh, AOR Mr. Divyesh Pratap Singh, Adv. Mr. Anupan Chaudhary, Adv. Mr. H. Bir Singh, Adv. Mr. Varun Singh, Adv. Mr. Ujjaval Kumar, Adv. Mr. Rajiv Kumar Sinha, Adv. Mrinal Kumar Sharma, Adv. Mr. Manoj Kumar, Adv. Ms. Savita, Adv. Mr. Aniket Seth, Adv. Mr. Naresh Kumar, AOR Mr. Varad Dwivedi, Adv. Mr. Saksham Tuli, Adv. Mr. Ashish Sinha, Adv. Mr. Anshuman Srivastava, AOR Ms. Bansuri Swaraj, Adv. Mr. Siddhesh Kotwal, Adv. Ms. Ana Upadhyay, Adv. Ms. Manya Hasija, Adv. Mr. Akash Singh, Adv. Mr. Nihar Dharmadhikari, Adv. Mr. Arjun D. Singh, Adv. Mr. Prem Sunder Jha, AOR Ms. Aishwarya Bhati, ASG Mr. Rajeev Kumar Dubey, Adv. Mr. Ashiwan Mishra, Adv. Mr. Vaidruti Mishra, Adv. Ms. Harsita Raghuvanshi, Adv. Ms. Manisha Chava, Adv. Mr. B.L.N.Shivani, Adv. Mr. Rustam Chauhan, adv. Mr. Rajiv Dubey, Adv. Mr. Kamlendra Mishra, AOR Ms. Sonia Mathur, Sr. Adv. Mr. Uday Prakash Yadav, Adv. Mr. Murari Tiwari, Adv. Mr. Rohit Pandey, Adv. Mr. Vipul Shukla, Adv. Mr. Simarjeet Singh Saluja, Adv. Mr. Nikhil chand Jaiswal, Adv. Ms. Ishita Sinha, Adv. Mr. Ramjee Pandey, AOR Mr. Sarvesh Singh Baghel, AOR Mr. Aviral Saxena, Adv. Mr. Krishnanand Pandeya, AOR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with references:

  1. The court emphasized that in cases involving group attacks lasting only a few minutes, it is unreasonable to expect witnesses to recount every detail precisely, especially in a chaotic situation (!) (!) .

  2. Defective investigation alone does not automatically vitiate the prosecution case if there are credible eyewitness testimonies and other supporting evidence (!) (!) .

  3. The presence or absence of motive is not always determinative, especially when direct evidence from injured eyewitnesses is strong and credible; motive is a relevant but not a decisive factor (!) (!) (!) (!) .

  4. The court found that the place of the incident was established and not disputed, with findings supported by the evidence and site maps (!) (!) (!) .

  5. Discrepancies in the timing of the lodging of the FIR, the content of the tehreer, and the medical discharge timing were considered explainable and not fatal to the prosecution’s case (!) (!) (!) (!) (!) .

  6. The evidence of injured eyewitnesses, particularly PW-1 and PW-2, was held to be credible despite minor inconsistencies. Their testimonies were supported by medical and documentary evidence, and their presence at the scene was affirmed (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  7. The technical discrepancies in the recovery of weapons, such as the bore size of rifles, were clarified and found to be based on measurement systems that are compatible, thus not invalidating the evidence (!) (!) (!) (!) (!) (!) (!) (!) .

  8. The ballistic report, which initially was challenged on procedural grounds, was ultimately deemed admissible and reliable when properly linked to the evidence, and its findings supported the case against the accused (!) (!) (!) (!) (!) .

  9. The existence of a motive, though considered weak by the trial court, was ultimately deemed irrelevant given the strength of direct eyewitness testimony and the nature of the evidence (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  10. The court upheld that the place and time of the incident were established through credible evidence, and the technical analysis of evidence such as bullet holes and injuries aligned with the eyewitness accounts (!) (!) (!) (!) (!) .

  11. The argument that the accused were not part of an unlawful assembly or that there was no common object was rejected. The evidence demonstrated that the accused acted with a shared purpose, and the circumstances supported the inference of a common object (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  12. The arrests and recoveries, including weapons and the railway card, were found to be supported by consistent and credible evidence, and the technical details, such as the bore size of rifles, were clarified and validated (!) (!) (!) (!) (!) (!) (!) (!) .

  13. The court dismissed the challenges based on procedural irregularities or alleged investigation flaws, emphasizing that such defects do not automatically lead to acquittal if credible evidence exists (!) (!) (!) .

  14. The appellate court was justified in reversing the trial court’s acquittal due to the presence of substantial and compelling reasons, including errors in the trial court’s analysis and findings (!) (!) (!) (!) (!) (!) .

  15. The evidence, including eyewitness testimonies, medical reports, forensic analysis, and recoveries, collectively established the guilt of the accused beyond reasonable doubt (!) (!) (!) .

Please let me know if you require a more detailed analysis or specific legal advice based on this document.


JUDGMENT :

Pamidighantam Sri Narasimha, J.

1. These Criminal Appeals are by seven accused convicted and sentenced to life by the High Court of Judicature at Allahabad for the murder of five persons. The deceased belonged to or were associated with the same family; two of them were brothers, the third was their minor son and the other two were their close family friends. Apart from these criminal appeals, there is also a Special Leave Petition filed by the informant (PW-1), who is the sole surviving brother in the family, praying for enhancement of the sentence from life to death and also a Writ Petition seeking transfer of accused no. 5 to a jail outside Uttar Pradesh for serving out the sentence in lieu of his influence in the State.

2.1 The judgment of the High Court was rendered in an appeal against acquittal of all the accused by the Trial Court1[Court of the Upper Sessions Judge, Hamirpur; ST No. 145/2000, 146/2000 and 147/2000 dated 15.07.2002]. The High Court by its judgment2[In Gov


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