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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV MISRA, AJAY KUMAR II
Mewati Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Mr. Sanjay Kumar Yadav, the learned counsel for appellant and the learned A.G.A. for State-opposite party-1.
2. Challenge in this Criminal Appeal is to the judgment dated 30.08.2025 passed by Sessions Judge, Azamgarh, in Sessions Trial No. 28 of 2012 ( State vs. Ram Karan Yadav and others ), Sessions Trial No. 491 of 2014 ( State vs. Jai Prakash @ Prakash Yadav and others ) arising out of Case Crime No. 376 of 2011, under Sections 302/149, 147 IPC, Police Station Raunapar, District Azamgarh and Session Trial No. 29 of 2012 ( State vs. Vijai Yadav ), arising out of Case Crime No. 515 of 2011, under Section 3/25 Arms Act, Police Station-Raunapar, District Azamgarh, whereby the accused opposite parties 2 to 9 have been acquitted by Court below of the charges framed against them.
3. Brief facts of the case are that the first informant-appellant moved a Written Report dated 02.08.2011 by stating that her husband had gone to Chandpatti to sell milk in the morning. On 02.08.2011, at around 12:00 noon, Subhash, Ramkaran, Rambadan and Heera were sitting in ambush 1 km west from Vishen Ka Pura Chowk with a four wheeler and one motor cycle. There was a land
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The court emphasized the necessity of consistent and reliable eyewitness testimony, finding significant discrepancies that undermined the prosecution's case.
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