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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, SUBHASH CHANDRA SHARMA
State of U.P. – Appellant
Versus
Prag Singh – Respondent
| Table of Content |
|---|
| 1. government appeal against acquittal. (Para 2 , 3 , 4) |
| 2. detailed account of incident and animosity. (Para 5 , 6 , 7) |
| 3. investigation and evidence collection. (Para 8 , 9 , 10 , 12) |
| 4. defensive claims and counterarguments. (Para 18 , 31 , 34 , 37) |
| 5. court's critical analysis of trial court findings. (Para 46 , 47 , 48) |
| 6. final judgment and sentencing. (Para 73 , 74) |
JUDGMENT :
Rajiv Gupta, J.
1. Heard Sri Purshottam Upadhyaya, learned A.G.A for the State, Sri S.K. Tripathi assisted by Sri Abhinav Trivedi, learned counsel for the sole surviving accused respondent no. 2 - Santosh Kumar and perused the record.
2. The instant Government Appeal under Section 378 Cr.P.C. seeks to challenge the judgment and order dated 19.12.1983 passed by Vith Addl. Sessions Judge, Mainpuri in Sessions Trial No. 46 of 1983 ( State Vs. Parag Singh and others ) arising out of Case Crime No. 329 of 1982, Police Station- Bewar, District- Mainpuri, whereby the accused-respondent Nos. 1 to 4 have been acquitted of the charges under Sections 302 read with Section 34 IPC and Section 307 read with Section 34 IPC.
3. During the pendency of this Government Appeal before this Court, accused-respondent N
An appellate court has the authority to reverse a trial court's acquittal if the judgment is perverse, ensuring substantial evidence confirms guilt beyond a reasonable doubt, particularly in cases in....
The presumption of innocence remains until guilt is proven beyond a reasonable doubt, and the appellate court cannot overturn an acquittal without clear evidence of error or illegality in the trial c....
The prosecution must prove its case beyond reasonable doubt; acquittal is upheld when evidence is insufficient to establish guilt.
The judgment reinforces the principle of presumption of innocence and the requirement for clear and convincing evidence to establish guilt, emphasizing the reluctance to disturb a finding of acquitta....
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
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