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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Syed Aftab Husain Rizvi, JJ.
Amit Yadav @ Golu – Appellant
Versus
State of U.P. – Respondent
Capital Cases No. - 8 of 2020, With Reference No.7 of 2020 and Criminal Appeal U/S 372 CR.P.C. No. - 21 of 2021
Decided On : 07-12-2023
JUDGMENT :
1. Heard Sri Gajendra Pratap, learned Senior counsel assisted by Smt. Abhilasha Singh, learned amicus curiae for the appellant, Sri Aniruddha Chaturvedi, learned counsel for the informant and Sri Amit Sinha, learned AGA assisted by Ms. Mayuri for the State.
2. Capital Case No.8 of 2020 arises out of judgment of conviction and sentence passed by Additional Sessions Judge-IV/Special Judge (E.C. Act), Banda in Sessions Trial No.93 of 2018, arising out of Case Crime No.086 of 2018, under Sections 302/34, 201, 120-B IPC, Police Station Kotwali Nagar, District Banda, wherein death penalty has been imposed on the accused appellant. Records relating to the proceedings of court below have been forwarded to this Court under Section 366 Cr.P.C. for confirmation of death sentence. It is registered as Capital Reference No.7 of 2020. The appeal filed by the informant under Section 372 Cr.P.C. challenging the acquittal of accused Smt. Deva and Sri Devi Deen @ Bhawani Deen Yadav being Criminal Appeal u/s 372 Cr.P.C. No.21 of 2021 is also connected with the Capital Appeal. All three cases are heard together and are being disposed of by this common judgment.
3. A brutal incident occurred during the intervening night of 30 and 31 January, 2018 in which Mahadev, his wife Chunni and two sons Pawan and Raj Kumar were done to death. The incident was allegedly seen by the daughter of the deceased, namely Ranshi (PW-2). Ranshi came to the house of Smt. Urmila (PW-3), who happens to be her sister-in-law and informed the incident as per which the accused had brutally murdered all the four deceased. PW-3 informed such facts to her husband Munni Lal (not produced). Munni Lal in turn informed the incident to Raghunandan (PW-1), who happens to be the elder brother of deceased Mahadev. Consequently, a written report was got scribed by Munni Lal on the basis of information received from Raghunandan (Ex.Ka.1). Based upon such written report, a First Information Report came to be registered at 11.00 AM on 31.01.2018 at Police Station Kotwali Nagar, District Banda. Information of the incident was received at the Police Station at 10.15 AM and the FIR was registered under Section 302 IPC as Case Crime No.86 of 2018, Police Station Kotwali Nagar, District Banda. The FIR is against named accused Golu. It is the prosecution case that Golu is the nickname of accused appellant Amit Yadav.
4. Pursuant to the above report lodged in the matter, inquest commenced at 11.20 onwards and were concluded by the afternoon. The bodies were sealed and as per the suggestion of the inquest witnesses, the dead-bodies were sent to mortuary for conduct of postmortem. Postmortem has also been conducted on 31.1.2018 at 5.30 in the evening. As per the postmortem, all four deceased died on account of ante-mortem injuries specified hereinafter:-
| Name of Deceased | Mahadev (male) | Age:- | 40 years |
| Physical Examination :Average built body | |||
| Height | 164 cm | ||
| Rigor Mortis present all over body. | |||
| Anti Mortem Injuries:- 1) Incised wound size of 10cm x 2cm bone deep present on anterio lateral surface of right side of neck 4 cm below from right lobule. 2) Incised wound size 10cm x 0.4 cm bone deep present on anterio lateral surface of right side of neck 1 cm below from injury no 1 trachea incised esophagus incise. All the muscle and soft tissue incised. | |||
| Eyes: | Mouth:, Nails: | Tongue and Nails: | Natural Orifices: NAD |
| Scalp: NAD | Skull: noted | Membranes: Pale | Brain: Pale |
| Orbital Nasals: NAD | Neck: Noted | Mouth, Tongue: NAD | Larynx and vocal cords: Noted |
| Trachea: Noted Hyoid Bone: Noted | Chest: NAD Ribs and chest wall: NAD | Pleural Cavities: NAD | Lungs: Pale |
| Trachea and bronchial Tree: NAD | Pleural: Pale Peritoneal cavity: NAD | Pleural Cavities: NAD | Lungs: Pale |
The prosecution failed to establish the accused's guilt beyond reasonable doubt, leading to the reversal of the death penalty.
The prosecution must establish its case beyond reasonable doubt, and procedural safeguards for evidence recovery must be strictly adhered to for admissibility.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
The judgment emphasizes that the death penalty is not warranted unless the circumstances are exceptionally grave, applying the 'rarest of rare' doctrine while considering rehabilitation potential.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The court ruled that circumstantial evidence must establish a consistent and unbroken chain linking the accused to the crime, and any reliance on unreliability of recovery evidence warrants the benef....
A conviction based solely on circumstantial evidence requires a complete and unbroken chain, with reasonable doubt favoring the accused.
Convictions under Section 302 of IPC require corroborative evidence, and in the absence of reliable evidence, guilt cannot be established beyond reasonable doubt.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
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