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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR, ZAFEER AHMAD
Ram Pratap – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Zafeer Ahmad, J.
1. Heard, Sri Nagendra Mohan learned Senior counsel assisted by Sri Shiv S.E. Chitambar, learned counsel for the appellants, Sri Purnendu Chakravarty learned Senior counsel assisted by Sri Pranjal Jain, learned counsel for the complainant and learned A.G.A. for the State. Perused the records.
2. The aforesaid criminal appeals arises out of the common judgment and order dated 18.07.1983 passed by IIIrd Additional District & Session Judge, Pratapgarh in Session Trial No. 227 of 1982 (State v. Rama Pati Misra & Ors.) arising out of case crime no. 146 of 1982, Police Station Badhrai,Sub-District Kunda, District Pratapgarh, whereby the appellants have been convicted and sentenced under Section 302 of Indian Penal Code (in short I.P.C.) r/w Section 149 I.P.C. for life imprisonment, under Section 325 I.P.C. r/w Section 149 I.P.C for one year of rigorous imprisonment, under Section 323 I.P.C r/w Section 149 I.P.C for six months rigorous imprisonment, under Section 201 I.P.C r/w 149 I.P.C for five years rigorous imprisonment. It has further been provided that appellant Ram Pratap has to undergo further sentence for one year rigorous imprisonment under Section 148 I.
The court affirmed the conviction of the accused for murder, finding sufficient evidence of an unlawful assembly and individual culpability amid claims of inconsistencies in prosecution testimony.
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
Point of law: In the absence of such finding as also any overt act on the part of the accused persons, mere fact that they were armed would not be sufficient to prove common object.
Prosecution must substantiate charges with reliable evidence; significant discrepancies in witness statements and medical evidence warrant acquittal.
In cases of unlawful assembly leading to murder, all involved members can be held vicariously liable, and eyewitness testimonies must be credible even if witnesses are related to the victim.
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