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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Jageshwar Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Heard Sri M.P. Yadav, learned counsel for the appellants, learned counsel for the informant, learned A.G.A. Sri Rahul Asthana, for the State and perused the material available on record.
2. Present criminal appeal has been filed against the judgment and order of conviction dated 20.12.1983, passed by learned Special Judge, Banda, in Sessions Trial No.112 of 1981, whereby the learned Special Judge, Banda (hereinafter referred as ‘trial court’) has convicted the appellants under Sections 447, 302/34, 394 IPC and sentenced them as under:-
(I) to undergo 3 months rigorous imprisonment under Section 447 IPC ;
(II) to undergo life imprisonment under Section 302/34 IPC ; and (III) to undergo 7 years rigorous imprisonment under Section 394 IPC. All the sentences were directed to run concurrently.
3. The factual matrix of the case is that upon an incident having taken place in the midnight of 19/20.1.1981, wherein Saroj, the wife of PW-1 Ram Adhar had died, a First Information Report was got lodged on 20.1.1981 at 11:15 AM by Ramadhar Singh. The case as has been taken in FIR is that while Ramadhar Singh and his wife were asleep in their house on the first floor in the midnight of 1
The prosecution failed to prove the charges beyond reasonable doubt due to inconsistencies in witness testimonies and lack of corroborative evidence.
The prosecution failed to establish the identification of the appellants and the motive for the murders, leading to their acquittal.
The prosecution must prove guilt beyond reasonable doubt, as mere moral conviction is insufficient for conviction in criminal cases.
Point of law: In the absence of such finding as also any overt act on the part of the accused persons, mere fact that they were armed would not be sufficient to prove common object.
Offence of Murder - Conviction set aside - No one actually witnessed incident and FIR was lodged on basis of guess-work and suspicion and appellants have been implicated on account of suspicion becau....
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness accounts and investigation cast doubt on the conviction.
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