IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR, SANJIV KUMAR
Gram Lodhi Alias Salig Ram – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjiv Kumar J.
1. The instant Criminal Appeal, under Section 374 (2) Cr.P.C., has been preferred by appellant/convict Gram Lodhi alias Salig Ram son of resident of Village- Mothi Katra, Police Station- Garautha, District- Jhansi, against the judgment and order dated 16.03.2001 passed by IInd Additional Sessions Judge, Hamirpur in Session Trial No. 159 of 1998, arising out of Case Crime No. 251 of 1998 (State Vs. Gram Lodhi alias Salig Ram), under Sections 452, 307 and 302 IPC, Police Station- Rath, District- Hamirpur.
2. By the impugned judgment and order, appellant Gram Lodhi alias Salig Ram has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 Indian Penal Code (in short ‘IPC’). He has also been convicted and sentenced to undergo 5 years’ rigorous imprisonment for the offence punishable under Section 452 IPC, and it was directed that both the sentences shall run concurrently.
3. Brief facts of the prosecution case are that informant Smt. Vidya Devi wife of late Chetram, daughter of Nathhu resident of village Kasba Khera, Police Station- Rath, District- Hamirpur, submitted a written application (tehrir) (Ext. Ka-6) d
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....
Offence of Murder - Conviction set aside - No one actually witnessed incident and FIR was lodged on basis of guess-work and suspicion and appellants have been implicated on account of suspicion becau....
The prosecution must prove the case beyond reasonable doubt, relying primarily on credible eyewitness testimony and corroborative forensic evidence, particularly in murder convictions.
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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