IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, VINAI KUMAR DWIVEDI
Satish – Appellant
Versus
State – Respondent
JUDGMENT :
Vinai Kumar Dwivedi, J.
1. Heard Mr. Aushim Luthra, learned Amicus Curiae for the appellant no. 1; Mr. Sanjay Singh, learned counsel for the appellant nos. 2 & 3; Mr. Ashwani Kumar Yadav, learned A.G.A.-I for the State; perused the Trial Court record as well as the judgment of the Trial Court.
2. These Criminal Appeal Nos. 2851 of 1983, 2856 of 1983 and 2862 of 1983 have been filed by the accused-appellants, Satish, Shiv Kumar, Ashok, Bhupat, Rakesh, Vijay and Vikram against the judgment and order dated 17.11.1983 of learned Trial Court passed in Sessions Trial No. 432 of 1982 (State vs. Vikram and others) arising out of Case Crime No. 426 of 1982, under Sections 147, 148, 323, 324, 307, 302/149 IPC, Police Station Haridwar, District Saharanpur.
3. Prosecution story as stated by informant Nathiram (PW-1) in written report, Exhibit Ka-1, is that on 10.08.1982, I along with Satish Kumar son of Pyare Lal and Shri Ram son of Beni Prasad resident of Balmiki Basti, Kankhal had gone to Haridwar to take medicines of my father on the bicycles. After exchanging the medicine, we all three were coming back to our houses at Kankhal. Along with me, Satish Kumar was sitting on carrier of m
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 testimony of injured eyewitnesses is accorded special status, supporting conviction based on consistent accounts despite one witness turning hostile, establishing the appellant's guilt with corro....
Interested witnesses, such as close relatives of the deceased, can provide credible testimony and their evidence should be carefully scrutinized but not automatically discarded. In cases of direct ev....
The court affirmed that corroborative eyewitness testimony and medical evidence can establish guilt beyond a reasonable doubt, despite the absence of the murder weapon.
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