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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Tej Bir – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. testimonies of witnesses and autopsy results. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. arguments presented by the defense and prosecution. (Para 20 , 22 , 23 , 24) |
| 4. court’s analysis of witness reliability. (Para 26 , 27 , 28 , 29) |
| 5. court's considerations on motives and witness enmity. (Para 30 , 31 , 32 , 40) |
| 6. final ruling on the appellant's acquittal. (Para 48 , 49) |
| 7. court's order and compliance mandate. (Para 50 , 51 , 52) |
JUDGMENT :
Chandra Dhari Singh, J.
1. This criminal appeal has been filed against a judgement and order dated 19.12.1989 passed by the Special/Additional District and Sessions Judge, Saharanpur in ST No. 662 of 1988, under Sections 302 and 302/34 IPC, police Station Manglaur, district Haridwar, whereby the learned Judge convicted and sentenced the appellants Nepal, Raj Kumar and Ved Pal to life imprisonment under Section 302 read with 34 IPC whereas appellant Tejbir was convicted and sentenced to life imprisonment under Section 302 IPC.
2. Pursuant to the order of this Court dated 30.01.2026, criminal appeal filed on behalf of appellant No. 2, 3 and 4, namely Nepal,
Witness testimony must be scrutinized, especially from interested parties; the prosecution's failure to prove guilt beyond a reasonable doubt warrants acquittal.
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 ....
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 ....
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
Point of Law : conviction cannot be based on the evidence of hostile witnesses and their testimony has to be discarded and the infirm witnesses cannot corroborate each other.
Acquittal justified where prosecution evidence suffers contradictions in eyewitness accounts, lack of corroboration for key allegations like firing, non-examination of Investigating Officer and docto....
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
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