STATE OF U.P. versus HARI MOHAN AND ORS.

STATE OF U.P. versus HARI MOHAN AND ORS.

The prosecution had established by reliable circumstantial evidence that the accused, Hari Mohan, committed the murder of Roop Devi; the High Court's acquittal, based on possibility of suicide, was erroneous and inapplicable to the facts. The conviction under Section 302 IPC is restored against Hari Mohan as the...

Source-derived case information.

Parties
Appellant: State of Uttar Pradesh; Respondent No. 1 / Accused: Hari Mohan; Respondents / Accused: Shyam Mohan and others
Jurisdiction
India
Judgment Date
07 November 2000
Procedural Posture
Criminal Appeal / Appeal From Judgment of Acquittal by Allahabad High Court
Outcome
Appeal partly allowed
Legal Topics
Murder, Circumstantial Evidence, Standard of Proof, Acquittal, Appreciation of Evidence
Criminal Law Murder Circumstantial Evidence Standard of Proof Acquittal Appreciation of Evidence

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Parties

State of Uttar Pradesh

Appellant

Hari Mohan

Respondent No. 1 / Accused

Shyam Mohan and others

Respondents / Accused

Procedural Posture

Criminal Appeal / Appeal From Judgment of Acquittal by Allahabad High Court

Legal Issues

  1. 1 Whether conviction for murder can be sustained solely on circumstantial evidence in absence of direct evidence
  2. 2 Whether the High Court erred in acquitting accused by holding possibility of suicide could not be ruled out

Ratio Decidendi

The prosecution had established by reliable circumstantial evidence that the accused, Hari Mohan, committed the murder of Roop Devi; the High Court's acquittal, based on possibility of suicide, was erroneous and inapplicable to the facts. The conviction under Section 302 IPC is restored against Hari Mohan as the chain of circumstances rules out innocence and proves guilt beyond reasonable doubt. Acquittal of other accused is upheld as evidence did not establish their involvement beyond reasonable doubt.

Court Disposition

Appeal partly allowed

Orders

  • Conviction of Hari Mohan under Section 302 IPC restored and sentenced to life imprisonment. Bail bonds of Hari Mohan stand cancelled. First Additional Sessions Judge, Shahjahanpur, to ensure Hari Mohan is returned to jail to serve his sentence.
  • Acquittal of other respondents by the High Court is upheld.