Ramswaroop @ Chotaka – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
Heard Sri Rajiv Lochan Shukla assisted by Sri K.K. Pandey and Sri K.K. Mishra, learned counsels for the appellants and Smt. Manju Thakur, the learned AGA for the State.
1. These criminal appeals have been preferred against the judgment and order dated 18.3.2011 passed by the Additional Sessions Judge, Court No.8, Fatehpur in Sessions Trial No. 309 of 2006, arising out of Case Crime No.50/2006, State vs. Darshrath and others, under Sections 302/34 IPC and Section 7 of the Criminal Law Amendment Act, P.S. Ashothar, District Fatehpur, convicting and sentencing the accused-appellants Dashrath @ Badka, Ramswaroop @ Chotka, Suresh and Shivpersona @ Bantwa for life imprisonment and fine of Rs.7000/-and in default of payment of fine, they have to further undergo imprisonment of 1 year and sentencing them under Section 7 of the Criminal Law Amendment Act for imprisonment of 3 months and all the sentences will run concurrently. Further accused-appellant Ramswaroop @ Chotka was also convicted under Section 25 of the Arms Act in S.T. No.312 of 2006, arising out of Case Crime No.64/2006, State vs. Ramswaroop, P.S. Ashothar, District Fatehpur and sentenced for rigor
Conviction set aside - FIR is ante-timed and there are no independent witness of the incident. Prosecution has failed to prove the charges against the appellants-accused beyond reasonable doubt.
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Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The prosecution must prove its case beyond reasonable doubt, and inconsistencies in witness testimonies and investigative delays can undermine its credibility.
The prosecution's case failed due to significant contradictions in witness testimonies and procedural lapses, leading to reasonable doubt, thus necessitating acquittal.
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