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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR, NALIN KUMAR SRIVASTAVA
Kale – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. fact of the case and context. (Para 1 , 2 , 3 , 4) |
| 2. medical examination findings. (Para 5 , 6 , 7 , 8 , 9) |
| 3. investigation and charge framing. (Para 10 , 11 , 12) |
| 4. auditory evidence and testimonies review. (Para 15 , 16 , 17) |
| 5. discussion of motive for false implication. (Para 18 , 19) |
| 6. focus on motives and external influences. (Para 20 , 21 , 22) |
| 7. consideration of ante-timed fir. (Para 68 , 69 , 70) |
| 8. implications of unreliable testimonies. (Para 72 , 74) |
| 9. final decision on acquittal. (Para 94 , 95 , 96 , 97) |
JUDGMENT :
(Delivered by Hon'ble J.J. Munir, J.)
1. This judgment will decide the present Criminal Appeal and the two connected Criminal Appeals Nos.3888 of 2014 and 4448 of 2014. All the appeals arise out of the same crime, where the
three appellants stood their trial jointly. They were convicted and sentenced to varying terms for the same offences. All the appeals have been heard together with Criminal Appeal No.1345 of 2015 being formally treated as the leading case. The appellants were tried before Mr. Musharraf Hussain, the then Additional Sessions Judge, Court No.1, Bulandshahr vide Sessions Trial No.1316 of 2010 (arising out of Crime No.157 of 2010)
Prosecution must be proven beyond reasonable doubt; contradictions in witness testimonies and an ante-timed FIR raise significant doubts undermining the overall credibility of the prosecution case.
The prosecution must prove its case beyond reasonable doubt; lack of credible evidence and inconsistencies in witness testimonies can lead to acquittal.
The court emphasized that an anti-timed FIR and inconsistent witness testimonies undermine the prosecution's case, leading to the acquittal of the accused.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The judgment underscores the principle that the prosecution must establish guilt beyond reasonable doubt, particularly when eyewitness testimony is contradicted and evidence is lacking.
The court confirmed that related eyewitnesses can provide reliable testimony in murder cases when corroborated by medical evidence, emphasizing that evidence must be assessed for credibility rather t....
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