Deen Dayal Tiwari vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 233

VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Deen Dayal Tiwari – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shri Singh, Adv. Mr. Prateek K Chadha, AOR Ms. Sakshi Jain, Adv. Ms. Malvika Awasthi, Adv. Mr. Sreekar Aechuri, Adv. Ms. Surbhi Soni, Adv. Mr. Aniket Chauhaan, Adv.
For the Respondent(s): Mr. Rohit K. Singh, AOR Mr. Pritam Bishwas, Adv. Mr. Vishnu Shankar Jain, AOR Ms. Mani Munjal, Adv. Ms. Marbiang Khongwir, Adv. Mr. Parth Yadav, Adv. Mr. Ashish Kumar Dwivedi, Adv.

ORDER :

1. Heard learned counsel for the parties and perused the material placed before us.

2. The present Criminal Appeals arise out of the impugned Judgment and final Order dated 09.05.2022 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Capital Case No. 01 of 2014 and Criminal Appeal No. 1776 of 2016, whereby the High Court confirmed the conviction and the sentence of death imposed upon the Appellant by the learned Additional District & Sessions Judge, Court No. 5, Faizabad, in Sessions Trial No. 24 of 2013 (arising out of Case Crime No. 748 of 2011, under Section 302 of the Indian Penal Code, 1860).

3. The relevant facts are summarized hereunder:

3.2 Incident day: In the intervening night of 11/12.11.2011, at around 2:30 a.m., the Appellant’s brother, PW-1 (Shri Dinanath Tiwari) and PW-1’s wife, PW-2 (Smt. Suneeta alias Anita), purportedly heard frantic cries of “b