Hanna vs State of Uttar Pradesh - 2024 Supreme(SC) 447

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 447

ABHAY S. OKA, UJJAL BHUYAN
Hanna – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Manish Tiwari, AOR Mr. Abhishek Kumar Chaubey, Adv. Mr. R.K. Tanwar, Adv. Mr. Nihar Ranjan Singh, Adv. Ms. Thashmitha KM, Adv. Mr. R Basant, Sr. Adv. Mr. Sudhir Kumar Saxena, Sr. Adv. Mr. Aviral Saxena, AOR Mr. Akshay Sahay, Adv. Mr. Abhinav Sharma, Adv.
For the Respondent(s): Mr. A.K. Misra. A.G., Sr. Adv. Mr. Arup Banerjee, AOR Mr. Ghanshyam Singh., Adv. Mr. Ajay Kumar Prajapati, Adv. Mr. Priyanshu Raj, Adv. Mr. Prakash Sharma, Adv. Mr. R.K. Dey, Adv. Mr. Rajiv Agnihotri, Adv.

1. The appellants are accused who have been convicted by the Trial Court for offences punishable under Sections 302 and 323, read with Sections 149, 147, and 148 of the Indian Penal Code, 1860. The appellants have been sentenced to life imprisonment for the offence of culpable homicide amounting to murder punishable under Section 302, and separate sentences have been imposed for the other crimes. All sentences were directed to run concurrently.

2. The incident took place on 5th October 1995. PW-1/Nanhi Bahu (mother of the deceased - Pappu @ Har Narayan) alleged that the appellants killed her son. The allegation is that the appellants were carrying different weapons, and they assaulted her son.

3. None of the material prosecution witnesses except PW-3 (Santosh), the deceased's brother, supported the prosecution. The rest of the alleged eyewitnesses were declared hostile. PW-1 was also declared hostile as she did not support the prosecution. However, after her recall, she supported the prosecution.

SUBMISSIONS

4. The learned senior counsel appearing for the appellants (accused no. 2 to 6) in Criminal Appeal No. 468/2024 pointed out that PW-1 did not support the prosecution. However, afte

Click Here to Read the rest of this document

2024 Supreme(SC) 447

ABHAY S. OKA, UJJAL BHUYANHanna – AppellantVersusState of Uttar Pradesh – Respondent

ABHAY S. OKA, UJJAL BHUYAN
Hanna – Appellant
Versus
State of Uttar Pradesh – Respondent