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J. B. PARDIWALA, R. MAHADEVAN
State of Uttar Pradesh – Appellant
Versus
Raghuvir Singh – Respondent
ORDER :
1. This appeal filed by the State arises from the judgment and order passed by the High Court of Judicature at Allahabad dated 13.2.2015 in Criminal Appeal No. 3291 of 2014 by which the High Court allowed the appeal filed by the respondent herein (original accused) and thereby set aside the judgment and order passed by the Additional District and Sessions Judge, Court No. 12, Ghaziabad in Sessions Trial no. 992A of 2005 holding the respondent guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short the “IPC”).
2. The case of the prosecution may be summarized as under:-
(a) On 29.08.2004 at around 13:00 hours, the father of the deceased lodged a First Information report at the Dhaulana Police Station Sub-district Hapur, District Ghaziabad, registered as Case Crime No.127/2004 for the offence punishable under Section 302 of the IPC against the respondent herein and two other unknown individuals.
3. The FIR reads thus:-
To, The SHO, Police Station Dhaulana, District Ghaziabad, Sir, it is submitted that the applicant Ompal Singh son of Shri Bani Singh is resident of village Sukhdevpur Police Station Dhaulana,
The acquittal of the accused was upheld due to significant doubts regarding eyewitness credibility and procedural inconsistencies in the prosecution's case.
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The appellate court emphasized that eyewitness accounts must be given due weight, and mere flaws in investigation do not automatically discount credible testimonies in murder trials.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
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