IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Ashok Kumar Chaurasia – Appellant
Versus
State of U.P. – Respondent
Judgment :
Sanjiv Kumar, J.
1. This criminal appeal has been preferred, under Section 374(2) Cr.P.C., by the sole appellant, Ashok Kumar Chaurasia resident of Chak Raghu Nath, Police Station Naini, District Allahabad against the judgment and order dated 01.06.1984 passed by Sri U S Pandey Special Judge (Economic Offences), Allahabad in Session Trial No.202 of 1979, under Section 302 Indian Penal Code (in short ‘I.P.C.’), Police Station Naini, District Allahabad.
2. By the impugned judgment and order, appellant Ashok Kumar Chaurasia was held guilty of the offence punishable under Section 302 I.P.C and convicted and sentenced to undergo imprisonment for life.
3. Brief facts of the prosecution case are that the informant, Smt. Sukhwanti, widow of Shanker Lal, resident of 158, Chak Raghu Nath, Police Station Naini, District Allahabad gave verbal information at Police Station Naini, District Allahabad on 28.01.1978 at 10.15 a.m., stating that she is the widow of Shanker Lal and his case was pending against Ashok Kumar Chaurasia’s father, namely, Munni Lal. After Munni Lal’s death Ashok Kumar Chaurasia is doing pairvi of the case against her. Her brother-in-law (devar), Sukhdev Prasad was do
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 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....
Conviction set aside - FIR is ante-timed and there are no independent witness of the incident. Prosecution has failed to prove the charges against the appellants-accused beyond reasonable doubt.
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