Kailash vs State of U. P. - 2023 Supreme(All) 1396

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1396

UMESH CHANDRA SHARMA
Kailash – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Appellant : J.P. Yadav, Arvind Kumar Shukla, Atul Verma, R.L. Yadav.

JUDGMENT :

(Umesh Chandra Sharma, J.)

1. Heard Sri Atul Verma, learned counsel for the appellant and Sri Rajesh Kumar and Sri Devansh Pratap Singh, Brief Holder for the State and perused the record.

2. This criminal appeal has been preferred against the order of conviction and sentencing passed by Additional Sessions Judge, Court No. 6, Unnao on 27.01.2001 in S.T. No. 8779 of 1995, under Section 307 I.P.C, Police Station Aasiwan, District Unnao, by which the accused-appellant was convicted and sentenced for seven years rigorous imprisonment.

3. The accused-appellant has taken ground that the prosecution has been completely failed in proving the prosecution case against the accused-appellant beyond reasonable doubt and has also erred by not giving benefit of doubt to the appellant. The Additional Sessions Judge has committed substantial illegality and mistake in passing the impugned judgment.

xxxx

5. The learned trial court has sentenced the appellant without perusing the evidence of the prosecution, which is unfair, and illegal, from the fundamental and legal point of view. The above all