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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, PRASHANT MISHRA-I
Om Prakash – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 12 , 14) |
| 2. prosecution witness testimonies (Para 18 , 19 , 20 , 21) |
| 3. defense arguments presented (Para 23 , 24) |
| 4. standards for circumstantial evidence (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. caution regarding chance witnesses (Para 43 , 44 , 45) |
| 6. questions regarding the nature of injury (Para 46 , 47 , 48 , 49) |
| 7. prosecution's failure to prove beyond reasonable doubt (Para 52 , 53 , 54) |
| 8. court's final order and directive (Para 55 , 56 , 57 , 58 , 59) |
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 vill
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