The accused, who was acquitted by the sessions court in the FIR registered in the murder case at Khakhreru police station of Fatehpur from Allahabad High Court, has suffered a major setback. The Court set aside the judgment of the Sessions Court and sentenced the accused to life imprisonment.
It also remarked that in spite of the lapse of sufficient time, inadequate punishment cannot be given. In the case, the accused/convict has been ordered to surrender in the lower court within 15 days. Also that the Chief Judicial Magistrate should take action as per rules if he does not surrender.
The order was passed by a division bench of Justice VK Birla and Justice Vikas Wednesday while allowing the appeal of State of UP Vs Ram Autar Singh. The Court has based the judgments of the Supreme Court in the case Karan Singh v State of Uttar Pradesh and State of Rajasthan v Banwari Lal.
In the case, an FIR was lodged on behalf of Shiv Saran Singh for the murder of his brother Babu Singh on December 7, 1982. It was alleged that Ram Autar instead of killing his sister shot Babu Singh, leading to his death.
After completing the investigation, a charge sheet under section 302 of the IPC was presented against the accused Ram Autar. However, the sessions court acquitted the accused after finding some discrepancies in the evidence presented by the prosecution.
Challenging this, the UP government challenged the decision of the sessions court in the High Court. The court found that the trial court’s decision was not correct. He found the opposite party Ram Autar guilty and sentenced him to life imprisonment.
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The accused, who was acquitted by the sessions court in the FIR registered in the murder case at Khakhreru police station of Fatehpur from Allahabad High Court, has suffered a major setback. The Court set aside the judgment of the Sessions Court and sentenced the accused to life imprisonment.
It also remarked that in spite of the lapse of sufficient time, inadequate punishment cannot be given. In the case, the accused/convict has been ordered to surrender in the lower court within 15 days. Also that in case of non-surrender, the Chief Judicial Magistrate should take action as per rules.
The order was passed by a division bench of Justice VK Birla and Justice Vikas Wednesday while allowing the appeal of State of UP Vs Ram Autar Singh. The Court has based the judgments of the Supreme Court in the case Karan Singh v State of Uttar Pradesh and State of Rajasthan v Banwari Lal.
In the case, an FIR was lodged on behalf of Shiv Saran Singh for the murder of his brother Babu Singh on December 7, 1982. It was alleged that Ram Autar instead of killing his sister shot Babu Singh, leading to his death.
Ritika
