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SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA I
State of Uttar Pradesh – Appellant
Versus
Hirdai Narain – Respondent
JUDGMENT :
Ajai Kumar Srivastava-I, J.
1. We have heard Ms. Meera Tripathi, learned A.G.A. for the State-appellant and have also perused the records available before us.
2. By means of the present government appeal, the State seeks to assail the judgment and order dated 11.03.1987, passed by the learned IXth Additional Session Judge, Lucknow in Sessions Trial Nos.472 of 1984, arising out of Crime No.135 of 1984, under Section 307 I.P.C., Police Station, Alambagh, District Lucknow, whereby the learned trial Court has acquitted the accused-respondents, Phool Chand and Hirdaya Narain of the charges under Sections 307 read with 34 I.P.C.
3. From a perusal of record, it transpires that the instant government appeal was filed against two respondents, namely, Hirdaya Narain and Phool Chand. However, the respondent, Phool Chand has died during the pendency of this appeal. The instant appeal in respect of respondent, Phool Chand has already been abated vide order dated 22.08.2022. Therefore, the appeal survives only with regard to the respondent, Hirdaya Narain.
4. The prosecution case, in short conspectus, is that the informant, Sri Chinaji Lal Badhani, was going home from his office on 10.04.8
In absence of vital trial records, a conviction cannot be sustained, leading to acquittal.
If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered ....
In an appeal against an order of acquittal, the view favorable to the accused should be adopted if two views are possible on the evidence. The presumption of innocence of the accused is paramount.
The appellate court cannot affirm convictions without perusal of essential trial records; absence of records violates fair legal procedure.
An appellate court must respect the acquittal by the trial court unless the judgment suffers from severe legal flaws or misinterpretations of evidence.
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
In appeals against acquittal, courts must uphold the presumption of innocence and require a high burden of proof on the prosecution to demonstrate perverse findings to overturn an acquittal.
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