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IN THE HIGH COURT OF ALLAHABAD
SIDDHARTHA VARMA, SYED QAMAR HASAN RIZVI
Rafiq – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicant and Sri Amit Sinha, learned AGA for the State.
2. Upon an incident having taken place on 16.03.1980 at around 7:00 pm, a first information report was lodged by one Amiruddin S/o Mohd. Chand at 7:45 p.m. alleging that on 16.03.1980 at around 7:00 pm Qamre Alam and Shamsey Alam were going past the house of Nisarullah and because of old enmity Rafiq & Habib the sons of Sagir Ahmad, Riazuddin S/o Sakaidi, Bhola S/o Tahir Mohd and Sarfarz S/o Barkat Mohd assailed the two, namely, Qamre Alam and Shamsey Alam by lathis and had also fired upon them. He has stated that the incident was witnessed by Gabbu Lal Gupta, Ataullah and Shakil. Apart from these three, it has been stated in the first information report itself that many others had witnessed the incident. It has been stated in the FIR that Qamre Alam because of an injury on his head and Shamsey Alam because of injuries of lathi on his body had suffered physical injuries. They were therefore taken to the hospital and thereafter the first informant had gone to the police station to lodge the first information report. Upon lodging the first information report, the police conducted the in
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Failure on the part of the prosecution to explain or disclose the genesis of the offence is also an additional factor which renders the prosecution story a bit doubtful.
The conviction of the accused was reversed due to insufficient corroboration of eye-witness accounts and the potential for false implication stemming from previous enmity.
Eyewitness testimony from relatives, if corroborated by physical evidence, can be deemed reliable regardless of familial interest.
Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guil....
The court emphasized that witness reliability is critical in criminal cases, and testimonies lacking credibility cannot warrant a conviction.
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
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