Back
ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
Munna @ Om Prakash – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Om Prakash Shukla, J.]
1. The present criminal appeal has been filed assailing the judgment and order dated 02.05.1987 passed by II Additional District & Sessions Judge, Hardoi in Session Trial No. 144 of 1986 arising out of Case Crime No. 134 of 1985 under Section 419/420/364/302/201/411 IPC Police Station Pihani, District Hardoi, whereby the appellant has been convicted under Section 302/201 IPC and sentenced to undergo imprisonment for life and acquitted under Section 404 IPC.
2. Shorn of irrelevant details, the facts of the case are that the complainant Shyam Rastogi (PW-1) was having a shop in Pihani town where he used to provide loudspeaker on rent. On 06.06.1985 at about 4 P.M the appellant Munna came to the shop of the complainant and booked a loudspeaker for 10th June, 1985 for two days for Rs. 105/- as rental charges and deposited Rs. 10/- as advance. The set was booked for being taken from village Dhobia to village Gajua Khera for a marriage party in his relation. It is said that appellant Munna mentioned his name as Ram Prasad son of Chhotey Lal Yadav resident of Village Khakra, P.S. Maigalganj, District Kheri.
3. On 10.6.1985, Munna came to the shop of the com
A conviction for murder based solely on circumstantial evidence, such as 'last seen together', requires a complete chain of evidence and cannot depend solely on suspicion or uncorroborated statements....
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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
