Benefit of Doubt Extended to Accused Due to Flawed Prosecution and Lack of Corroborative Evidence
In a significant judgment, the Allahabad High Court has acquitted two individuals, Natthi and Bharat, in a 1983 murder case, reversing the trial court's conviction. The division bench, comprising Justices Siddharth and Garima Prashad, found substantial inconsistencies and a lack of corroborative evidence in the prosecution's case, leading to the granting of the benefit of doubt to the appellants.
The case stemmed from an altercation in May 1983, resulting in the murder of Than Singh and injuries to Tikam Singh. The prosecution alleged that the appellants, along with two others, attacked the victims with knives and firearms. However, the court highlighted several discrepancies in the prosecution's narrative.
Key witnesses, including the informant Tej Singh and injured Tikam Singh, provided inconsistent testimonies. Tej Singh admitted to witnessing the event from a distance and arrived only after the accused had fled, casting doubt on his account. Tikam Singh, while an injured witness, failed to distinctly attribute the inflicted injuries to the accused, further weakening the prosecution's case.
Moreover, the non-recovery of weapons and absence of gunshot evidence contradicted claims of close-range firing by the accused. The court also noted the non-examination of critical witnesses such as the Investigating Officer and the doctor who treated the injured, depriving the defense of crucial cross-examination opportunities.
The court emphasized the principle that in cases where evidence is ambiguous, the view favoring the accused should prevail. The absence of a clear motive, coupled with the prosecution's failure to establish a reliable chain of events, led the court to acquit the accused, reaffirming the importance of proving guilt beyond reasonable doubt.
Bottom Line:
Benefit of doubt granted to appellants due to inconsistencies and absence of corroborative material in the prosecution evidence.
Statutory provision(s): Sections 302/34, 307/34 of the Indian Penal Code, Section 313 of the Code of Criminal Procedure
Jag Ram v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2865152
