Back
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJNISH KUMAR, ZAFEER AHMAD
Basheer Ahmad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajnish Kumar, J.
(1) Heard Sri Rishad Murtaza, learned Counsel for the appellant nos. 1, 2 and 4, Sri Rahul Kumar Singh, learned Counsel for the appellant no.3, Sri Pawan Kumar Mishra, learned A.G.A. for the State and Sri Amar Nath Dubey, learned Counsel for the complainant.
(2) The instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (here-in-after referred to as “Cr.P.C.”) emanates from the judgment and order dated 09.10.2001 passed by learned Additional Session Judge (Fast Track Court), Pratapgarh, in Sessions Trial No. 506 of 1994; State Versus Bashir Ahmad and others, arising out of Case Crime No.220 of 1994, under Section 302/34 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”), Police Station Jethwara, District Pratapgarh.
FACTS
(3) The prosecution case, in short, is that on 13.07.1994, complainant, Ram Pratap Singh, submitted a written report (Ext. Ka. 1), stating therein that he is the Gram Pradhan of Gram Sabha Walipur Parsan. On 13.07.1994, he and Shri Sita Ram, son of Lallu Ram Jaiswal, Gram Pradhan of Sidhour, was distributing kerosene oil at Shamsherganj Bazaar (Market). At around 07:30 a.m., Bashir son of Minha
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
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....
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
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....
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 ....
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
