IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Brijbasi Lal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. procedural background and factual context of the criminal appeal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. trial court findings and rival contentions of the parties. (Para 12 , 13 , 14) |
| 3. evaluation of chance witnesses and evidentiary inconsistencies. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. legal impact of investigative lapses and defective police inquiry. (Para 25 , 26) |
| 5. final reasoning, benefit of doubt, and acquittal order. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
AVNISH SAXENA, J.
1. Heard Sri Aftab Alam, learned counsel for the appellants and Sri Chandra Badan, learned AGA for the State.
2. Before proceeding with the case a parting observation of the Hon’ble Supreme Court in the case of Subal Ghorai Vs. State of West Bengal , (2013) 4 SCC 607 is worth quoting wherein investigative agency and the trial court were advised to be careful and responsive while investigation and conducting trial. The quote is reiterated underneath:-
“59...........we must express that the investigation of this case is far from satisfactory and recording of evidence is done in a casual manner. Justice is done only because of the inherent stren
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