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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR, ZAFEER AHMAD
Vijai Nai – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajnish Kumar, J.
(1) Heard Sri Adarsh Mehrotra, learned Amicus Curiae for the appellant and Sri Pawan Kumar Mishra, learned AGA for the State.
(2) This Criminal Appeal under Section 374(2) of Criminal Procedure Code (hereinafter referred to as Cr.P.C.), has been filed assailing the judgment and order dated 18.05.2009 passed by Additional Sessions Judge/Special Judge, E.C.Act, Unnao in Sessions Trial No.230/2007 (The State versus Vijai Nai and Three Others), arising out of Case Crime No.508/2006, under Sections 394, 302/34, 201, 411 Indian Penal Code(hereinafter referred as IPC),Police Station Ganga Ghat, District Unnao, by means of which the appellant has been convicted under Section 394, 302/34, 201, 411 IPC, sentencing him life imprisonment and fine of Rs.5,000/- under Section 302 of IPC, ten years rigorous imprisonment and fine of Rs.5000/- under Section 394 IPC, three years rigorous imprisonment under Section 411 IPC and five years rigorous imprisonment and fine of Rs.1000/- under Section 201 IPC and in default of payment of fine, one year additional imprisonment. It has further been provided that all the sentences shall run concurrently.
(3) Learned counsel for the app
Reliance can be based on solitary statement of a witness if court comes to conclusion that said statement is true and correct version of case of prosecution.
Criminal Law – Appeal against conviction – Theory of last seen – Reliability of - The last seen theory comes into play where the time gap between point of time when Accused and deceased were seen las....
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