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HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJEEV MISRA, AJAY KUMAR-II
Satyapal – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
AJAY KUMAR-II, J.
1. Heard Mr. Ram Babu Sharma alongwith Mr. Ardhendu Shekhar Sharma, the learned counsel for appellant and the learned A.G.A. forState-opposite party-1.
2. Challenge in this Criminal Appeal is to the judgment dated 24.09.2025 passed by the Additional Sessions Judge, Court No. 10, Budaun in Sessions Trial No. 33 of 2016 (State Vs. Chander and others) arising out of Case Crime No. 256 of 2015, under Sections 302 /34 I.P.C., Police Station- Gunnaur, District- Sambhal and connected Sessions Trial No. 34 of 2016 (State vs. Chander) relating to Case Crime No. 381 of 2015, under Section 3 /25 of Arms Act, whereby the accused-opposite parties 2to 4 have been acquitted of the charges framed against them.
3. Brief facts of the case are that on 01-08-2015, first informant/ appellant Satyapal son of Chhote Lal, resident of Akbarpur, Police Station Gunnaur, District Badaun, submitted a written report (Tehrir) (Exhibit Ka -1) stating therein that in the morning of 01.08.2015, there was a quarrel between his brother Jabar Singh and the children of Chander son of Lekhraj, of the village. When his brother, Jabar Singh went to complain about this to Chander, Kanhaiya and Man
The prosecution failed to prove that the deceased sustained any firearm injuries, leading to the acquittal of the accused.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The prosecution must prove guilt beyond reasonable doubt in murder cases, especially when relying on circumstantial evidence, and the presumption of innocence remains strong in acquittals.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The court affirmed that the prosecution must prove its case beyond reasonable doubt, and testimonies of interested witnesses can be credible if corroborated by medical evidence.
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
Prosecution must prove charges beyond a reasonable doubt; insufficient evidence and unreliable testimonies can lead to acquittal.
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