14 Nov 2022 11:54 AM GMT
The Allahabad High Court has acquitted a man convicted under Section 304 of the IPC and sentenced to life imprisonment under Section 304 (I) of the IPC for committing culpable homicide not amounting to murder in 2011. The accused in the case spent more than 10 years in jail.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Nalin Kumar Srivastava noted that no...
The Allahabad High Court has acquitted a man convicted under Section 304 of the IPC and sentenced to life imprisonment under Section 304 (I) of the IPC for committing culpable homicide not amounting to murder in 2011. The accused in the case spent more than 10 years in jail.
The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Nalin Kumar Srivastava noted that no incriminating circumstances were available against the accused and merely on the basis of last-seen evidence, the accused could not have been convicted.
The case in brief
On September 9, 2011, an FIR was lodged by the complainant stating that Sagar (Accused) had thrown the dead body of his brother in a canal after committing murder due to enmity. Perusing the evidence available on record, the Court noted that the accused was last seen with the deceased, however, except for this fact, the chain of circumstances pointing toward the guilt of the accused was not complete.
The Court also noted that conviction on the basis of last seen is a very weak piece of evidence and in the present case, the chain pointing the finger at the accused is very feeble.
"The chain of events which the learned Judge has narrated is not such which would be full proof for Court to concur with the learned Trial Judge about the guilt of the accused. The burden of proof lies on the State which has miserably failed to the adverse interference that the deceased and the accused used the drink of liquor together would not compelling circumstances on neither is it a chain in the chain of events...Even if we consider the other aspects it is not proved that he was the person who had committed the offence. There is no recovery from the accused. There is nothing incriminating except the confessional statement to one of the witnesses which is not proved to the hilt and could not have been acted upon," the Court remarked.
Consequently, noting that the accused is in custody for over 9 years and the total sentence including remission is twelve years three months, and eighteen days (till June 23, 2022), the Court opined that on the basis of the scanty evidence, he is not required to be confined anymore. With this, the Court partly allowed the appeal.
Advocate Anshul Nigam appeared for the accused.
Case Title - Sagar v. State Of UP
Case Citation: 2022 LiveLaw (AB) 489
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