The court refused leave to appeal in an acquittal appeal. The bench held that multiple witnesses were unreliable, evidence contradicted the FIR and medical reports, and the trial court's finding of reasonable doubt was a probable view requiring no interference.
Leve to appeal refused; application dismissed; no interference with acquittal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice’s Court Cause List Serial No. 38
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Lucknow)
U/s 378 Cr.P.C. No. 1948 of 2004
State of U.P. ...Applicant
Through:Ms. Smiti Sahay, Additional Government Advocate
vs.
Shobhnath
...Opposite party
CORAM: HON’BLE RAJESH BINDAL, CHIEF JUSTICE HON’BLE NARENDRA KUMAR JOHARI, JUDGE
ORDER
NARENDRA KUMAR JOHARI, J.
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U/s 378 Cr.P.C. No.1948 of 2004
2:30 AM accused Shivpujan @ Bawali and Shobhnath came there and strangulated the neck of informant’s brother and thereafter they were intending to cut his neck by knife, as they were having enmity with him regarding dispute of lease of a pond. The informant’s brother, who was having incised wounds on his neck, ran away from the place of occurrence by shouting for help. On some distance, there was a tubewell of Lallan Yadav where he fell down on the cot of Lallan Yadav and requested Lallan to call his family members. Simultaneously, after hearing the voice of his brother, informant reached at tubewell where he found his brother in unconscious position. When he asked his brother about incident, his brother replied in blurt voice and took the name of Shivpujan @ Bawali and Shobhnath and pointed out towards his neck. After that he died. Accordingly, an FIR of the occurrence was registered at 6:30 A.M. in concerned police station at Crime No. 73 of 1991 under Section 302 IPC.
3
U/s 378 Cr.P.C. No.1948 of 2004
4
U/s 378 Cr.P.C. No.1948 of 2004
rather it was a mark of contusion and two abrasions were found at the neck of deceased. The cause of death was shown as aforesaid antemortem injury of neck.
5
U/s 378 Cr.P.C. No.1948 of 2004
discussed and based on evidence available on record. No illegality or irregularity is found in the impugned judgment.
(Narendra Kumar Johari, J.) (Rajesh Bindal, C.J.)
Lucknow December 9, 2021 Amit/P.Sri.
Whether the order is speaking:Yes/No Whether the order is reportable:Yes/No
Digitally signed by AMIT KUMAR Date: 2022.02.25 13:32:34 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the appellate court should interfere with the acquittal of the accused despite contradictions in prosecution evidence and medical report.
Whether two reasonable conclusions on the basis of the evidence were possible regarding the guilt of the accused.
Whether the trial court failure of prosecution to prove case beyond reasonable doubt rendered the acquittal perverse or illegal.
2 provisions across 2 enactments
State of U.P.
Rajesh Bindal
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
