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ATTAU RAHMAN MASOODI, OM PRAKASH SHUKLA
State of U. P. – Appellant
Versus
Ajai Mishra @ Taini – Respondent
JUDGMENT :
ATTAU RAHMAN MASOODI, J.
(A) Introduction
1. Both the State and the de-facto Complainant are before this court challenging the order of acquittal of all the four accused/ respondents by the Trial Court in Sessions Trial No. 518/2001, under section 302, 302/34 IPC, wherein the Trial Court, while acquitting these accused persons of all the charges concluded vide an order dated 29.03.2004, as inter-alia:
While the state has filed Criminal Appeal No. 1624 of 2004 under section 378 of the Criminal procedure Code, the de-facto complain
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The main legal point established in the judgment is the requirement of proving guilt beyond reasonable doubt in criminal cases, and the importance of credible and consistent witness testimonies.
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 ....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Point of law: Offence of Murder – Chain of circumstances proved – Common intention – Conviction justified.
The prosecution must prove guilt beyond a reasonable doubt; if evidence allows for two reasonable conclusions, the one favoring the accused prevails.
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