Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, PRASHANT MISHRA-I
Om Prakash – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SIDDHARTH, J.
1. Heard Sri Krishna Kant Dubey, learned Amicus Curiae for appellant; Mrs. Manju Thakur, learned AGA-Ist for State-respondents and perused the trial court record.
2. The above noted criminal appeal has been preferred against the judgment and order dated 12.10.1987 passed by Sessions Judge, Kanpur Dehat, in Sessions Trial No.71 of 1987 convicting and sentencing the appellant for offence under Section 302 IPC to life imprisonment and under Section 376 IPC to 7 years rigorous imprisonment. All the sentences have been directed to run concurrently.
3. The facts of the case are that one, Raj Kumar, s/o Narain, lives in village Tarbiatpur, P.S. Bilhaur, Kanpur Mehat. The complainant, Sheo Kumar, is the real brother of Raj Kumar and he lives in village Chaubegahi P.S. Bilhaur. According to the statement of the complainant, Sheo Kumar, the distance between Tarbiatpur and Chaubegahi is about 2 km. The deceased, Km. Sudha, aged about 19 years, was the daughter of sister of Raj Kumar and Sheo Kumar. She was a resident of village Nekpur, P.S. Fatehgarh, Distt. Farrukhabad.. Raj Kumar, his wife Roop Rani, their son Rameshwar and his wife live in the house at Tarbiatpur. The
In convictions based on circumstantial evidence, the prosecution must establish a clear chain of circumstances that conclusively points to the defendant's guilt, while also excluding any hypotheses o....
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The court ruled that the prosecution failed to prove the accused's guilt beyond a reasonable doubt due to unreliable eyewitness testimony and insufficient evidence.
In criminal cases based on circumstantial evidence, a complete and conclusive chain establishing guilt beyond reasonable doubt is necessary; mere suspicion is insufficient.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The court upheld the conviction based on established circumstantial evidence, affirming that all necessary conditions for such conviction were met.
The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt.
The sufficiency of circumstantial evidence and the need for a complete chain of evidence to establish guilt beyond reasonable doubt.
(1) Section 34 IPC and 115 IPC would not go hand in hand.(2) Evidence is raw material which Judge or Adjudicator uses to reach a finding of fact – Courts can record order of conviction even in a case....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
