Read Time: 04 minutes
While examining the case, the Supreme Court noted that the offences against the accused were not proven beyond a reasonable doubt
The Supreme Court of India recently acquitted a man in a four-decade-old double murder case in Uttar Pradesh. While overturning the high court’s conviction order, the court upheld the trial court's acquittal.
A bench of Justices Abhay S Oka and Ujjal Bhuyan noted that the offences against the accused were not proven beyond a reasonable doubt. The court ruled, "Taking the judgment of the High Court as correct still one cannot come to the conclusion that the offence against the appellant was proved beyond a reasonable doubt. Therefore, in our view, the conviction of the appellant-Mahavir Singh cannot be sustained, as there was no reason to upset the order of acquittal passed by the trial Court."
The instant case dates back to December 5, 1982, when the appellant Mahavir Singh, and nine others allegedly fired at two persons, resulting in their deaths.
Pursuant to this, the appellant was charged with offences punishable under Sections 302 read with 149, 148, 201, and 307 read with Section 149 of the Indian Penal Code, 1860.
While referring to the evidence from three witnesses, the apex court noted that the dead bodies of both the victims were not recovered. The court observed that after examining the evidence of the investigating officer, it became evident that no effort had been made to trace the dead bodies.
Further observing that the high court had not re-appreciated the evidence, the apex court held," A perusal of the impugned judgment of the High Court shows that the High Court has not re-appreciated the evidence. In any event, the High Court has not recorded a finding that on re-appreciation of the evidence, the only conclusion that could have been recorded was that the guilt of the appellant and others was established."
Accordingly, court set aside the impugned judgment.
For Appellants: Mr Ansar Ahmad Chaudhary, AOR; Mr Md. Anas Chaudhary, Mr. Mohd. Sharyab Ali, Ms. Shehla Chaudhary, Ms. Alia Bano Zaidi, Advs.
For Respondent: Ms. Ruchira Goel, AOR
Case Title: Rajvir & Anr. vs. State of Uttar Pradesh
Please Login or Register
