Tanya Gupta
Published on: March 10, 2022 at 19:03 IST
In the Case of the State of Uttar Pradesh Vs. Brijesh and Another, Trial Court’s Acquittal Order was Upheld by Allahabad High Court in a Murder Case stating that there was not Adequate Evidence to Prove. That the Deceased was Administered Poison.
At the Admission Stage, the Appeal was Dismissed summarily.
The Case In brief
On August 16, 2014, Ashok Kumar informed Police that his Son (Sanna) Committed Suicide and he Requested a Post-Mortem Examination.
After 9 days, he filed an Application under Section 156(3) Code of Criminal Procedure (CrPC) accusing Brijesh and Praveen of Murder.
He stated that Brijesh had Threatened him with dire consequences about 1 month Prior to the Date of the Incident.
On the day of the Incident, Brijesh and his Relative Praveen took Informant’s Son away from his Home to the Tube-Well of the Village.
Subsequently, the Accused administered Poisonous Liquor to Deceased. Thereafter, Causing Injuries to his Legs they dropped him on their Motorcycle.
As per Laboratory Report, Aluminium Phosphide also known as Salphas was found in Parts of the Viscera.
Court’s Order
Prima Facie, the Court Discovered that they were Serious Discrepancies in Statements with respect to the Presence of the Deceased at different Places.
The Court emphasized that there is no Direct Evidence of the Incident and that the Case is solely based on Circumstantial Evidence.
The Court also noted that a Person who Commits Murder would not take the Dead Body on the Motorcycle to deliver it to the Deceased’s Home.
“In the Present Case, there is neither any Clear Motive for the Accused to Administer Poison to the Deceased, nor has it been Proved that the Accused had the Poison in their Possession and, therefore, there is no Sufficient Evidence to prove that the Accused Persons Committed the Murder of the Deceased by Administering Poison to him.”
The Court concluded that Prosecution failed miserably to Prove that the Accused and Respondent have Committed the Murder of the Deceased by giving the Poisonous Substance.
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