(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court allowing the appeal filed by the State of U.P. questioning the judgment of acquittal passed by learned Additional Sessions Judge, Special Judge (E.C. Act), Mainpuri in Sessions Trial No.169 of 1993. Two persons i.e. the present appellant and his wife Smt. Kapoori Devi were tried for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') for the murder of one Jagat Singh (hereinafter referred to as the 'deceased'). The trial Court directed acquittal of the appellant primarily on the ground that there was discrepancy between the ocular evidence and the medical evidence, independent witnesses were not examined. In appeal filed by the State, the High Court held that while the acquittal of Smt. Kapoori Devi (A-2) was correct, the same was not sustainable so far as the present appellant is concerned.
(2.) Background facts in a nutshell are as follows:
(3.) In support of the appeal, learned counsel for the appellant submitted that the High Court had not kept in view the parameters of an appeal against acquittal. It is submitted that when two views are possible on the basis of the evidence on record and the one favourable to the accused is taken by the trial Court, same should not be disturbed.
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