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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Iluwa – Appellant
Versus
State – Respondent
JUDGMENT :
ANISH KUMAR GUPTA, J.
1. Heard Sri Rajendra Prasad, learned counsel for the appellants and Sri Satyendra Nath Tiwari, learned AGA for the State.
2. Vide order dated 22.08.2025, the instant appeal on behalf of the appellant no.3 Munuwa has already been abated. Therefore, the instant appeal on behalf of the surviving appellants no.1 and 2 namely Illuwa alias Hari Shankar and Bilua alias Umashankar is being heard and decided.
3. The instant appeal has been filed by the appellants being aggrieved by judgment and order dated 16.01.1985 passed by the IInd Additional Sessions Judge, Banda in S.T. No. 343 of 1983 whereby the appellants herein were convicted for the offence under Section 307 read with Section 34 IPC and were sentenced to undergo five years rigorous imprisonment.
4. The brief facts as stated in the prosecution case are that on 28.11.1978 at 5:00 P.M., the informant- Chunni Lal lodged a report at police station Tindwari, alleging therein that he has gone to the agricultural land of Ram Avtar along with a villager Shiv Nandan to cultivate the land, which was taken on sharing. The accused persons namely Illuwa, Bilua and Munuwa armed with firearms came there at around 11:
Prosecution's failure to explain the injuries on the accused undermines its credibility, justifying the acquittal based on reasonable doubt.
The failure of prosecution to explain injuries on the accused leads to a reasonable doubt about their culpability, justifying acquittal.
Non-explanation of injuries sustained by the accused creates reasonable doubt about the prosecution's credibility, crucial for establishing guilt in criminal cases.
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.
The prosecution must explain injuries on the accused in a self-defense claim; failure to do so creates doubt regarding the prosecution's case.
The prosecution's failure to explain the serious injuries on the accused undermined its case, leading to doubt about the narrative presented.
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