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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH, DEVENDRA SINGH-I
Irfan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's analysis and reasoning (Para 21 , 27 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 38 , 39 , 42) |
| 3. arguments presented by both parties (Para 23 , 24 , 25 , 26) |
| 4. prosecution failed to establish guilt beyond reasonable doubt (Para 41) |
| 5. final conclusion and order (Para 43 , 44 , 45 , 46) |
JUDGMENT :
CHANDRA DHARI SINGH, J.
1. This Criminal Appeal has been filed against a judgement and order dated 28.11.2017 passed by the learned Sessions Judge, Rampur in ST No. 524 of 2013 arising out of case crime No. 72 of 2013, under Sections 302, 120B, 506 IPC, police station Bhot, District Rampur whereby the learned Judge convicted and sentenced the appellants as under:
(a) Accused-Faeem to life imprisonment and a fine of Rs. 20,000/- under Section 302 IPC and in default of payment of fine, he shall further undergo simple imprisonment for a period of six months.
(b) Accused-Irfan and Saleem to life imprisonment and a fine of Rs. 20,000/- each under Section 302 read with Section 120-B IPC and in default of payment of fine, the accused Irfan and Saleem shall further undergo simple imprisonment for a period of six mo
The court emphasized that delay in lodging an FIR must be satisfactorily explained; failure to do so may lead to acquittal if the prosecution cannot establish guilt beyond reasonable doubt.
The court emphasized that an anti-timed FIR and inconsistent witness testimonies undermine the prosecution's case, leading to the acquittal of the accused.
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
A conviction under Section 394 IPC requires evidence of guilt beyond reasonable doubt, which is compromised by significant procedural lapses and inconsistencies in witness statements.
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
Unexplained delays in FIR lodging and witness testimony can create reasonable doubt, necessitating acquittal.
(1) FIR is an important document even though it is not a substantive piece of evidence. Prompt FIR prevents possibility of coloured version being put by informant.(2) Testimony of witnesses cannot be....
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