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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, SHREE PRAKASH SINGH
Surya Lal @Shiv Lal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. introduction to the case and parties involved. (Para 1 , 2) |
| 2. factual background of the incident and investigation. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. witness testimonies regarding the crime. (Para 9 , 10 , 11 , 12 , 13) |
| 4. detailed accounts from various witnesses. (Para 14 , 15 , 16 , 17 , 18) |
| 5. medical examinations and findings. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. investigation processes conducted by police. (Para 26 , 27 , 28 , 29 , 30) |
| 7. formal charging and procedural aspects. (Para 31 , 32 , 33) |
| 8. defense arguments and contentions. (Para 34 , 35 , 36 , 37) |
| 9. court's observations on witness reliability. (Para 45 , 46 , 47 , 48 , 49 , 50) |
| 10. discrepancies in testimonies and incident clarity. (Para 61 , 62 , 63 , 64 , 65) |
| 11. legal conclusions drawn from findings. (Para 84 , 85) |
| 12. final judgment and directions of the court. (Para 86 , 87 , 88) |
JUDGMENT :
Sangeeta Chandra, J.
1. Heard Sri Shreesh Kumar Mishra Atal, Advocate for the two appellants as Amicus appointed by the High Court and learned AGA for the State Respondents.
2. These two criminal appeals have been filed against judgement and order dated 07.08.2014 passed by Additional Sessions Judge, Bahraich in S
In criminal trials, a conviction based solely on eyewitness testimony requires corroboration, especially when evidence raises significant doubt about witness credibility.
The prosecution must prove the guilt of accused beyond reasonable doubt; inconsistencies in witness testimony led to acquittal of appellants.
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
The main legal point established in the judgment is the reliance on trustworthy and reliable testimony of prosecution witnesses, despite their relationship to the deceased, to establish the guilt of ....
The prosecution must prove guilt beyond a reasonable doubt, and reliance on unreliable witness testimony without corroboration is insufficient for conviction.
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
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