HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Mata Din – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjiv Kumar, J.
1. This criminal appeal has been preferred, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), by the appellant/ convicts, Matadin and Ram Kishan against the judgment and order dated 31.10.1984 passed by Mr. K.S. Srivastava, the then 1st Addl. Sessions Judge, Mainpuri in Sessions Trial No. 270 of 1983, State v. Matadin and another (arising out of Crime No.101 of 1983), under Section 302 of the Indian Penal Code (for short, ‘IPC’).
2. By the impugned judgment and order, both the appellants were convicted on the charge of murdering one Smt. Shyama Devi and sentenced to undergo imprisonment for life.
3. The brief facts of the prosecution case are that the informant, Ujagar Singh son of Ram Dayal, a resident of Village Khirna, Police Station Kurawali, District Mainpuri, lodged a first information report at Police Station Kurawali, District Mainpuri on 09.04.1983, stating therein that Smt. Shyama Devi, widow of late Daya Ram, was living in the informant’s house. A case with regard to a land dispute was pending between her and two brothers-in- law (husband’s brother), to wit, Matadin (Devar) and Ram Kishan (Jeth). On the fateful d
The prosecution must prove the case beyond reasonable doubt, relying primarily on credible eyewitness testimony and corroborative forensic evidence, particularly in murder convictions.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
Offence of Murder - Conviction set aside - No one actually witnessed incident and FIR was lodged on basis of guess-work and suspicion and appellants have been implicated on account of suspicion becau....
The court upheld the conviction for murder based on eyewitness testimony and established motive, dismissing intoxication as a defense.
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