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ARVIND KUMAR MISHRA I, MAYANK KUMAR JAIN
Girish Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 31.10.1984 passed by IV Additional Sessions Judge, Ghazipur, in Session Trial No.37 of 1984, State Vs. Girish Singh, arising out of Case Crime No.76 of 1983, under Section 302 I.P.C., Police Station-Khanpur, District-Ghazipur whereby the appellant Girish Singh has been sentenced to life imprisonment.
2. Heard Mr. Rajrshi Gupta, Mr. Rahul Yadav and Jai Prakash Singh, learned counsel for the appellant, Mr. Om Prakash, Mr. Alok Kumar Tripathi, Mr. Sunil Kumar Tripathi and Mr. M.P. Singh Gaur, A.G.As. for the State and perused the record.
3. The prosecution story as unfolded through the record reflects that one Rani Devi wife of late Jainath Singh, resident of Village Nayakdih, Police Station Khanpur, District Ghazipur, lodged the written report at Police Station Khanpur on 19.06.1983 at 7:45 a.m. regarding some incident that took place yesterday night at 11:45 p.m. in village Nayakdih which was 9 kms. away from the police station Khanpur, with the description that the informant is the resident of within Police Station Khanpur. Her ne
The court affirmed the conviction for murder based on credible eyewitness testimony and a reliable dying declaration, emphasizing the established motive of caste rivalry.
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
The prosecution must prove its case beyond reasonable doubt, and significant contradictions in witness statements undermine the credibility of the evidence presented.
The judgment establishes that a conviction cannot be sustained solely on the basis of a dying declaration without corroborative evidence, especially when there are significant inconsistencies in witn....
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