Indra Pal Singh vs State Of Up And 2 Others
2021 Latest Caselaw 3722 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 41 of 2021
 

 
Appellant :- Indra Pal Singh
 
Respondent :- State Of Up And 2 Others
 
Counsel for Appellant :- Amit
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Shamim Ahmed,J.

This appeal has been preferred by the complainant against the judgment dated 30.01.2021 whereby the accused Indra Pal Singh has been acquitted for offence under Sections 302/34 and 201 I.P.C.

Learned trial court has acquitted the accused on the ground that there is no evidence to prove the case beyond doubt. Learned counsel for the appellant has submitted that the case pertained to circumstantial evidence. In view of the above, the prosecution was required to produce chain of evidence to make out a case. The perusal of judgment shows evidence of last seen could not be proved. In thestatements of PW-1 Indrapal Singh, PW-2 Meharban and PW-3 Santveer Sharma there exist contradictions even in regard to the evidence of last seen. The weapon used in the crime could not be recovered. Learned court below discussed the evidence of PW-5 Dr. Sanjay Kumar Verma who conducted the post mortem of the deceased and other evidences but in absence of chain of evidence, the accused have been acquitted.

Learned counsel for the appellant could not refer to any of the evidence to prove the case against the accused beyond doubt. In absence of it, we do not find any error in the judgment of the trial court acquitting the accused from the offence under Sections 302/34 and 201 I.P.C. The appeal is accordingly dismissed.

Order Date :- 16.3.2021

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