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IN THE HIGH COURT OF ALLAHABAD
Saumitra Dayal Singh, Sandeep Jain
Ashok Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sandeep Jain, J.
1. The instant Criminal Appeal has been filed by the convicted accused against judgment dated 12.9.1996 of Shri R.K. Gupta, Special Judge (U.P. Dacoity Affected Areas Act), Etawah in Sessions Trial no.150 of 1993 (State versus Ashok Kumar, Gore alias Ujagar Singh and Ramdas) arising out of case crime No. 58 of 1983, PS Bharthana, District Etawah, whereby all the accused have been convicted for the offence under section 302/34 IPC and sentenced to suffer life imprisonment, for offence under section 201 IPC to suffer 7 years imprisonment and for offence under section 404 IPC to suffer three years imprisonment. All the above sentences were ordered to run concurrently.
2. Factual matrix is that, on 9.4.1983 at about 4 PM accused Ashok along with two unknown accomplices, arrived at the house of first informant Ramswaroop Dubey (PW-1 at the trial). The unknown accomplices were disclosed by accused Ashok to be his relatives and he enquired about first informant's son Govind, for transporting the bricks of his accomplices by his tractor, from the brick kiln. On their request, Govind was called, who arrived and freight for transporting the bricks was settled with th
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law based on the provided information. The list does not contain any language or references suggesting judicial disapproval or invalidation of these precedents.
Followed / Confirmed:
- 2025 Supreme(Online)(All) 2522: The case references State of U.P., (1987) 3 SCC 331, and discusses principles related to evidence and identification, which appear to be foundational legal principles. There is no indication that this case has been questioned or overruled, suggesting it remains good law or has been followed as authoritative.
Ram Gopal S/o Mansharam VS State of Madhya Pradesh - 2023 2 Supreme 195: The case discusses standard principles of criminal evidence—such as the sufficiency of explanation, motive, and corroborative evidence. The language does not suggest any disapproval or negative treatment, implying it is a well-established principle that continues to be valid.
Distinguished / Clarified:
Raja VS State by The Inspector Of Police - 2019 0 Supreme(SC) 1352: The case emphasizes the importance of identification in court and the conditions under which such evidence can be relied upon. The language indicates it is explaining or clarifying a legal principle rather than criticizing or overruing prior law.
All cases appear to be presented as explanatory or foundational principles without explicit indication of subsequent treatment such as overruling or criticism. However, without additional context or case citations indicating their subsequent judicial history, the treatment of these cases remains somewhat ambiguous. Therefore, I have classified them as likely unaffected or unchallenged based solely on the provided information.
The conviction based on circumstantial evidence, particularly the last seen theory, is valid when corroborated by subsequent events and evidence, establishing the accused's guilt beyond reasonable do....
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
Point of Law : Test identification report do not constitute substantive evidence and its corroboration from the surrounding circumstance is required.
The court affirmed the conviction of the appellants for murder based on circumstantial evidence and valid identification, while acquitting one appellant due to insufficient evidence.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
The absence of a Test Identification Parade (TIP) undermines the reliability of dock identification, making it insufficient for conviction in acquittal appeals.
Dock identification of unknown accused by witnesses without prior test identification parade is unreliable for conviction, especially with witness contradictions and evidentiary doubts.
A conviction under Section 396 IPC requires proof of participation by five or more individuals, which was not established in this case, leading to the acquittal of the appellant.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
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