Back
SUNEET KUMAR, BRIJ RAJ SINGH
Ram Shree – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Brij Raj Singh, J.
1. This is an appeal filed by Smt. Ram Shree who is complaining against the acquittal order dated 3 December 2010 passed by the learned Additional Sessions Judge, Court No. 6, Pilibhit in Sessions Trial No. 588 of 2009 arising out of Case Crime No. 675 of 2009 (State Vs. Bhai Lal), under Section 302 read with Sections 34 and 201 I.P.C., Police Station Bilsanda, District Pilibhit.
2. The factual matrix of the case is that accused Bhai Lal had given an application to Police Station Bilsanda on 25 June 2009 mentioning therein that he had married his daughter Sunita with Bharat Lal. She had one child from that wedlock and she died. Thereafter, he married his second daughter, namely, Surja Devi with Bharat Lal. Bhai Lal had asked him to send Surja Devi to his house 7-8 days prior from the date of occurrence of the incident but Surja Devi denied to go there. Bharat Lal had left the house and he consumed poison due to which he died in Gauhaniya and his dead body was found hanging from a pakadtree. The local police reached the spot and the dead body was taken into custody. Panchayatnama was done and the body was sent for post mortem. After post mortem Case Crime
An appellate court must bear in mind that in case of acquittal, there is double presumption in favour of accused. Firstly, presumption of innocence is available to him under fundamental principle of ....
The presumption of innocence remains paramount, and an acquittal can only be overturned if the trial court's findings are perverse or unsupported by evidence.
The prosecution must prove its case beyond reasonable doubt; acquittal upheld due to unreliable eyewitness testimony and lack of corroborative evidence.
The prosecution must prove the accused's guilt beyond reasonable doubt; discrepancies in witness testimony can lead to acquittal.
The appellate court upheld the acquittal, emphasizing the presumption of innocence and the necessity for clear evidence of guilt, reaffirming that if two reasonable conclusions are possible, the one ....
The prosecution must prove the charges against the accused beyond a reasonable doubt. The evidence of the prosecution witnesses must be reliable and trustworthy. The prosecution must explain any dela....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
