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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Govind – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual context of the case. (Para 2 , 4 , 5 , 6 , 10 , 12) |
| 2. assessment of witness credibility and motivations. (Para 26 , 29 , 30 , 31 , 32 , 33) |
| 3. discussion on evidence evaluation. (Para 37 , 39 , 40) |
| 4. legal conclusions on evidence insufficiency. (Para 51) |
| 5. final judgment and directives. (Para 53 , 54 , 55) |
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Heard Sri Priyansh, learned Amicus Curiae for the appellant Karua and Sri Amit Sinha, learned A.G.A. for the State-respondent.
2. Instant Criminal Appeal has been preferred against judgment and order dated 26.07.1983 passed by Leaned Additional Session Judge Etah in S.T. 215 of 1982, arising out of Case Crime No.238 of 1980, under Sections 147,148, 302/149, 323/149 IPC, Police Station Sahawar, Kasganj, (then District Eath). Learned trial court, in said trial convicted the appellants Govind, Chhadami and Ram Dayal for charge under Section 148 IPC and sentenced them to two years rigorous imprisonment. Accused Om Prakash and Karua were convicted of charge under section 147 IPC and sentenced to one year rigorous imprisonment. All the accused namely Govind, Chhadami, Om Prakash, Karua and Ram Dayal were further held gu
Prosecution must prove guilt beyond reasonable doubt; inconsistencies and doubt in evidence lead to acquittal.
Murder – Presence of rigor mortis by itself cannot be decisive of time of death – Appellant is entitled to benefit of doubt.
Conviction requires overt acts attributed to accused; acquittals followed evidentiary insufficiencies while some convictions were altered from section 149 to 34 due to lack of proof of unlawful assem....
The court established that under Section 302 IPC, a conviction for murder can be sustained when there is clear evidence of a premeditated attack by multiple individuals acting in concert, even if one....
Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial c....
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