Bali Karan v. State of U.P.and 5 Ors.
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Criminal Revision No. 74 of 2008, decided 13.5.2022 by Dinesh Kumar Singh, J. — revision under S. 397/401 Cr.P.C. against acquittal dated 26.11.2007 by Additional District & Sessions Judge, Sitapur in Sessions Trial No.779 of 2000 / Case Crime No.142 of 1992 (Ss. 147, 148, 302/149 IPC; 3(2)(v) S.C./S.T. Act; P.S. Sadna, District Sitapur) dismissed; acquittal upheld as prosecution witnesses of fact turned hostile and charge not proved beyond reasonable doubt; no error of law or jurisdiction found in trial Court's appreciation of evidence. Keywords: hostile witnesses, acquittal, revisional jurisdiction, 397/401 CrPC, 302/149 IPC, SC/ST Act, Sitapur.
What did the court decide?
When the prosecution fails to prove the charge beyond reasonable doubt by leading cogent and credible evidence, the trial Court has no option but to acquit the accused; here all witnesses of fact turned hostile and did not support the prosecution case.