IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR, ZAFEER AHMAD
Avadh Narain – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the incident leading to the appeal. (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural history of investigation. (Para 6 , 7 , 8 , 9 , 10) |
| 3. arguments regarding evidence credibility and motive. (Para 17 , 18) |
| 4. analysis of fir timing and procedural compliance. (Para 21 , 22 , 24 , 25) |
| 5. discussion on identification of the accused. (Para 28 , 39 , 44) |
| 6. conclusion affirming lower court's judgment. (Para 52) |
JUDGMENT :
Rajnish Kumar, J.
(1) The instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (here-in-after referred to as “Cr.P.C.”) has been filed by the accused/convicts/ appellants, Avadh Narain (Avadh Narain Singh), Balwant Singh, Mukundi Singh and Jangi alias Balram Singh, assailing the judgment and order dated 08.12.1982 passed by IV Additional Sessions Judge, Faizabad, in Sessions Trial No. 343 of 1979; State Versus Awadh Narain and others, emanating from Case Crime No. 215 of 1978, under Sections 148 and 302/149 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”), Police Station Kotwali Faizabad, District Faizabad (Now Ayodhya).
(2) The prosecution case, in brief, is that complainant Ram Abhilakh, had submitted a


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Eyewitness testimony, even from related witnesses, can sustain a conviction if corroborated by cohesive evidence; procedural lapses in FIR handling do not necessarily vitiate a trial.
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
The main legal point established in the judgment is the reliance on witness testimony, the admissibility of evidence despite minor discrepancies, and the sufficiency of evidence to establish guilt be....
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime charged.
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