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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
SANGEETA CHANDRA, MOHD. FAIZ ALAM KHAN
Jaimangal Yadav – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Mohd. Faiz Alam Khan, J.
1. Heard Shri Abhineet Jaiswal, learned Amicus for the appellant as well as Smt. Meera Tripathi, learned AGA for the State- respondent and perused the record.
2. This criminal appeal has been preferred by appellant- Jaimangal Yadav under Section 374(2) Cr.P.C. against the judgment and order dated 8.03.2002 passed by Additional Sessions Judge, Gonda in Session Trial No. 272/96 (State Vs. Jaymangal Yadav) arising out of Case Crime No. 154 of 1996, under Section 302 IPC, Police Station Kotwali Nagar, Gonda, whereby the appellant has been convicted under Section 302 IPC and has been sentenced with rigorous life imprisonment, and fine of Rs. 3000/- and in default of fine to further undergo for three months rigorous imprisonment.
3. The brief facts necessary for disposal of the instant appeal are that the informant, namely, Bhagwan Prasad has lodged a First Information Report at Police Station Kotwali Nagar, District Gonda alleging that he is a resident of Karnailganj, Gonda and is having his Coal Depot at Faizabad by-pass in the vicinity of village Budhai Purwa in the name of Saket Coal Traders where deceased Bhagwati Prasad Tiwari was working as cler
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
The convicting based solely on circumstantial evidence and extra-judicial confessions requires corroborative proof and must adhere to well-established principles regarding such evidence.
Extrajudicial confession can support a conviction if credible, corroborated by other evidence, and satisfies standards for circumstantial evidence.
Extra-judicial confessions made in police presence are inadmissible if not proven voluntary, requiring solid evidence for circumstantial convictions.
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
The main legal point established in the judgment is that extra judicial confession and recovery of evidence are weak pieces of evidence and must inspire confidence. The prosecution must establish a c....
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