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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Siddhartha Varma, Madan Pal Singh
Kamlesh Tiwari – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Madan Pal Singh, J.
1. The criminal appeal No. 2516 of 2022 and Criminal Appeal No. 2518 of 2022 have been filed against the judgement and order dated 31.3.2022 passed by the Additional Sessions Judge, Court No. 11, Allahabad, in Sessions Trial No. 620 of 2011 (State vs.Rakesh Tiwari and another and Session Trial No. 1045 of 2011(State vs. Kunjan Lal Tiwari and others) arising out of Case Crime No. 209 of 2010 under Sections 147, 148, 149, 302, 307, 452, 506 of IPC and Section 7 of the Criminal Law Amendment Act, Police Station - Manda, District -Allahabad.
2. Upon an incident having taken place allegedly at 9:00am on 17.12.2010, a first information report was lodged at 1:00pm by the son of the deceased Vinay Kumar Tiwari who had appeared in the case as P.W.-1. The name of the deceased was Daya Shankar Tiwari.
3. This made the investigating agency i.e. the U.P. Police to go into action and a panchayatnama was drawn vis-a-vis the dead body on 17.12.2010 itself at around 3:00pm. Thereafter, on the next day i.e. on 18.12.2010, the post mortem of the dead body was conducted at 12:30PM. The police had collected from the site in question, blood stained soil and plain soil along wi
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 court emphasized the necessity of consistent and reliable eyewitness testimony, finding significant discrepancies that undermined the prosecution's case.
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
Point of Law : The appellant shall be released from jail forthwith, unless wanted in any other case, subject to compliance of the provisions of Section 437A Cr.P.C. to the satisfaction of the trial c....
The main legal point established in the judgment is the reliance on credible eyewitness testimony, which was corroborated by medical evidence and surrounding circumstances, to prove the guilt of the ....
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
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