Conviction Overturned Due to Unreliable Witnesses and Lack of Corroborative Evidence
In a significant judgment, the Allahabad High Court has acquitted four individuals, previously convicted by the Trial Court for dacoity and murder, citing unreliable witness testimonies and the prosecution's failure to establish guilt beyond a reasonable doubt. The Division Bench comprising Justices J.J. Munir and Vinai Kumar Dwivedi delivered the judgment on February 24, 2026, overturning the life sentences handed down to the appellants Amar Singh, Prakash @ Om Prakash, Bahori, and Biri Singh.
The case stemmed from an alleged incident on the night of November 10/11, 1985, where a group of armed dacoits reportedly attacked Pohap Singh's house in Mathura District, looting valuables and causing the death of one Summera due to firearm injuries. The Trial Court had convicted the appellants based on the testimonies of prosecution witnesses who claimed to have identified the accused in the electric light during the incident.
However, the High Court found the prosecution's case riddled with inconsistencies. The Court noted that the prosecution failed to recover any looted items from the accused and did not produce key witnesses, such as the electricity department employee, to confirm the availability of electric light during the incident. The Court emphasized the importance of proving the case beyond reasonable doubt, highlighting the prosecution's inability to substantiate claims with corroborative evidence.
The Bench also pointed out that enmity cited by the prosecution as a motive for the crime could equally serve as a reason for false implication. The absence of any recovery of stolen property from the accused further weakened the prosecution's case, leading the Court to conclude that the conviction was unsustainable.
Consequently, the High Court set aside the conviction and sentence dated December 22, 1987, and ordered the cancellation of the appellants' bail bonds. The appellants were required to execute personal bonds for their appearance should an appeal be filed against their acquittal.
Bottom Line:
Acquittal of accused in dacoity and murder case due to lack of reliable evidence and failure of prosecution to establish guilt beyond reasonable doubt.
Statutory provision(s): Indian Penal Code, 1860 Section 396, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 481, Code of Criminal Procedure, 1973 Section 437A.
Amar Singh v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2857891
