Gulab Yadav v. The State of Bihar
Case brief
What is this about?
Murder appeal — acquittal on benefit of doubt; inordinate delay of about eleven and a half hours in FIR registration; no FIR at inquest/post-mortem stage; suppression of Sanha and of written information of PW-5 (wife of deceased); conflicting versions of informant and I.O. on written information; informant not a wholly reliable witness; supporting witnesses PW-6, PW-7, PW-8 examined after three months, not eyewitnesses in Section 161 CrPC statements; promptitude in lodging FIR — Chotkau vs. State of U.P. (2023) 6 SCC 742 relying on Meharaj Singh (L/Nk.) vs. State of U.P. (1994) 5 SCC 188; Sections 302, 120(B)/34 IPC; Section 27 Arms Act; Section 313 Cr.P.C.; Khagaria (Muffasil) P.S. Case No. 696 of 2013; Sessions Trial Nos. 129 of 2014 and 142 of 2015; conviction and sentence set aside; release directions.
What did the court decide?
Impugned judgment of conviction dated 20.07.2024 and order of sentence dated 24.07.2024 set aside; appellants Gulab Yadav and Dilip Yadav acquitted giving them benefit of doubt; appellant no. 1 Gulab Yadav, in custody, to be released forthwith if not wanted in any other case; appellant no. 2 Dilip Yadav, on bail, discharged of liability of the bail bonds and its sureties; copy of judgment with trial court record to be sent down to the learned trial court.