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2026 Supreme(All) 754

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Brijbasi Lal – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellants : Aftab Alam, S.K. Yadav

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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