The Power Under Order XXXVIII, Rule 5 CPC is Drastic and Extraordinary; Should Not Be Exercised Mechanically or Merely for the Asking: Calcutta High Court Telangana High Court Strikes Down Section 10-A: Upholds Transparency in Public Employment Absence of Homogeneous Mixing and Procedural Deficiencies Vitiate NDPS Conviction: Punjab and Haryana High Court Business Disputes Cannot Be Given Criminal Color: Patna High Court Quashes Complaint in Trademark Agreement Case Gujarat High Court Appoints Wife as Guardian of Comatose Husband, Calls for Legislative Framework Standard of Proof in Professional Misconduct Requires 'Higher Threshold' but Below 'Beyond Reasonable Doubt: Delhi High Court Imprisonment Cannot Bar Education: Bombay HC Allows UAPA Accused to Pursue LL.B. High Court Acquits Accused in Double Murder Case, Asserts ‘Suspicion Cannot Replace Proof’ Long separation and irreparable breakdown of marriage must be read as cruelty under Section 13(1)(ia) of the Hindu Marriage Act: Andhra Pradesh High Court Regulation 101 Applies to All Aided Institutions, Including Minority Ones, Says Allahabad High Court Fraud Unravels All Judicial Acts : Jharkhand High Court Orders Demolition of Unauthorized Constructions in Ratan Heights Case Calcutta High Court Allows Amendment of Pleadings Post-Trial: Necessary for Determining Real Questions in Controversy Exaggerated Allegations in Matrimonial Disputes Cause Irreparable Suffering, Even Acquittal Can't Erase Scars: Supreme Court Quashes FIR Against Relatives in Matrimonial Dispute Consent Requires Active Deliberation; False Promise of Marriage Must Be Proximate Cause for Sexual Relations: Supreme Court Urgency Clause in Land Acquisition for Yamuna Expressway Upheld: Supreme Court Affirms Public Interest in Integrated Development Interest Rate of 24% Compounded Annually Held Excessive; Adjusted to Ensure Fairness in Loan Transactions: AP HC Prosecution Under IPC After Factories Act Conviction Violates Article 20(2): Bombay High Court Join Our Exclusive Lawyer E News WhatsApp Group!

Major Contradictions in Prosecution’s Evidence Lead to Acquittal in 2001 Murder Case: Allahabad High Court

03 September 2024 3:02 PM

By: sayum


Court emphasizes the critical importance of consistent and credible witness testimonies in securing convictions. In a significant ruling, the Allahabad High Court acquitted three individuals previously convicted in a 2001 murder case. The court highlighted serious contradictions in the prosecution’s evidence and witness testimonies, ultimately finding that the case against the accused was not proven beyond a reasonable doubt.

The case revolves around the murder of Vijay Bahadur Singh alias Angnu on the evening of December 7, 2001, in Mau, Uttar Pradesh. According to the prosecution, Vijay Bahadur was shot dead by Narendra Singh, with Dharmendra Singh and Ramesh Yadav allegedly participating in the crime. The motive was stated to be an old enmity.

The court noted several discrepancies in the testimonies of key prosecution witnesses, particularly P.W.1 (Ram Pukar Singh, the complainant and brother of the deceased) and P.W.2 (Panchanand Singh, a cousin of the deceased). While P.W.1 claimed that both he and his brother were listening to a Ramayan recital when the incident occurred, P.W.2 gave a different account, introducing details about lighting and the positions of various individuals that were not mentioned by P.W.1.

The court found that statements made by witnesses at different stages of the investigation and trial contained major contradictions. For instance, P.W.1 stated that both he and the deceased were sitting together when the attack happened, whereas P.W.2 mentioned that they were in different locations. Moreover, P.W.2’s statement about the police arriving at the scene the next morning contradicted P.W.1’s account of the police reaching the spot on the night of the incident.

Given the lack of clear lighting mentioned in the FIR and the contradictory statements about the presence of a gas light (petromax), the court questioned the witnesses’ ability to accurately identify the assailants.

The court reiterated the importance of consistent and credible testimonies in securing a conviction. Highlighting past judgments, the bench emphasized that minor discrepancies might not invalidate witness testimonies, but major contradictions, especially those affecting the core facts of the case, undermine the prosecution’s case.

The judgment, delivered by Hon’ble Mohd. Azhar Husain Idrisi, J., stated, “The presence of major contradictions and inconsistencies in the testimonies of prosecution witnesses casts serious doubts on the veracity of the prosecution’s case. The evidence presented fails to establish the guilt of the accused beyond a reasonable doubt.”

The Allahabad High Court’s decision to acquit the accused underscores the judiciary’s commitment to upholding the principle of “innocent until proven guilty.” The ruling sends a clear message about the necessity of consistent, credible evidence in criminal trials. This judgment is expected to have significant implications for future cases, emphasizing the need for thorough and meticulous investigation and prosecution.

Date of Decision: July 29, 2024

Ramesh Yadav VS State of U.P.

Similar News