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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, NAND PRABHA SHUKLA
Lakhan – Appellant
Versus
State – Respondent
JUDGMENT :
(Nand Prabha Shukla, J.)
1. Heard Shri Man Mohan Mishra, learned Amicus Curiae for the surviving appellants, Ms. Mayuri Malhotra, learned State Law Officer for the State-respondents and perused the records.
2. The present Criminal Appeal under Section 374 (2) of the Criminal Procedure Code was preferred by four convicts against the judgment and order of conviction dated 02.11.1982 passed by learned Additional Sessions Judge IV, Allahabad in Sessions Trial No.162 of 1980, whereby all the appellants were convicted and sentenced to undergo imprisonment for life under Section 302/34 IPC and four years rigorous imprisonment under Section 307 /34 IPC . Both the sentences shall run concurrently.
3. Due to the death of appellant no.3 Kaleshwar and appellant no.4 Kallu, their appeals have been abated on 17.09.2015 and 06.04.2015 respectively. The appeal has been finally argued on behalf of the surviving appellant nos. 1 Lakhan and appellant no. 2 Deshraj.
INTRODUCTORY FACTS
4. The prosecution story in brief, is that:
On 06.08.1977 at 6:00 pm, the first informant, Rajaram lodged an FIR as Case Crime No. 134 of 1977 under Section 323 /308 IPC , P.S. Sarai Aqil, District Allahabad against
The prosecution must explain injuries on the accused in a self-defense claim; failure to do so creates doubt regarding the prosecution's case.
(1) Investigating Officer being a public servant is expected to conduct investigation fairly – While doing so, he is expected to look for materials available for coming to a correct conclusion.(2) Th....
Prosecution's failure to explain the injuries on the accused undermines its credibility, justifying the acquittal based on reasonable doubt.
The prosecution's failure to explain injuries on the accused undermined the credibility of its case, resulting in the acquittal of the appellants under the benefit of doubt.
Non-explanation of injuries sustained by the accused creates reasonable doubt about the prosecution's credibility, crucial for establishing guilt in criminal cases.
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