RAM MANORATH versus STATE OF U.P.

RAM MANORATH versus STATE OF U.P.

The Court held that while the prosecution evidence and eyewitnesses were not entirely false, specific identification of two accused as firing the fatal shots was unsafe given infirmities in the dying declaration and the occurrence taking place about an hour after sunset; accordingly the death sentences on Chhotey and Ram Manorath were set aside and converted to life imprisonment, Jaisee was acquitted because his name was omnibus in the F.I.R. without attribution of acts to him, and the convictions and sentences of the remaining appellants were confirmed.

Parties
Appellant: Ram Manorath; Appellant: Chhotey; Appellant: Jaisee; Appellant: Baijnath; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
10 March 1981
Procedural Posture
Criminal Appeal / Appeal by Special Leave to the Supreme Court From the Judgment and Order Dated 14.1.1978 of the Allahabad High Court (lucknow Bench) in Criminal Appeals Nos. 496, 508 and 542 of 1977
Outcome
Appeals partly allowed
Legal Topics
Murder, Unlawful Assembly, Section 302, Section 149, Death Penalty, Dying Declaration, Identification Evidence
Criminal Law Indian Penal Code Murder Unlawful Assembly Section 302 Section 149 Death Penalty Dying Declaration +1 more

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Parties

Ram Manorath

Appellant

Chhotey

Appellant

Jaisee

Appellant

Baijnath

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave to the Supreme Court From the Judgment and Order Dated 14.1.1978 of the Allahabad High Court (lucknow Bench) in Criminal Appeals Nos. 496, 508 and 542 of 1977

Legal Issues

  1. 1 Whether acquittal of some accused persons requires rejection of prosecution case against remaining accused
  2. 2 Whether death sentence imposed on two accused was justified
  3. 3 Reliability of the dying declaration and identification evidence given the time of occurrence

Ratio Decidendi

The Court held that while the prosecution evidence and eyewitnesses were not entirely false, specific identification of two accused as firing the fatal shots was unsafe given infirmities in the dying declaration and the occurrence taking place about an hour after sunset; accordingly the death sentences on Chhotey and Ram Manorath were set aside and converted to life imprisonment, Jaisee was acquitted because his name was omnibus in the F.I.R. without attribution of acts to him, and the convictions and sentences of the remaining appellants were confirmed.

Court Disposition

Appeals partly allowed

Orders

  • Appellant Jaisee acquitted of all offences and to be released in respect of this case
  • Death sentences of Chhotey and Ram Manorath set aside and substituted with imprisonment for life