Allahabad High Court Weekly Round Up: August 8 To August 14, 2022
Live LawNOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav v. State Of U.P. Case Citation: 2022 LiveLaw 363 In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir, The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi modified the conviction of one Javed as it stressed that the incident had occurred because of the deceased calling him a Kafir cannot be said that it was a premeditated murder. Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC Case title - Raj Kishore @ Pappu v. State of U.P Citation: 2022 LiveLaw 366 The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in the house with the deceased at the relevant time, the provisions of Section 106 of the Evidence Act can not be pressed into service to put the onus on him to explain as to under what circumstances the deceased died. Appeal U/S 372 CrPC For Enhancement Of Punishment Not Maintainable: Allahabad High Court Case title - Archana Devi v. State Of U.P. "Rape Victim's Testimony Doubtful": Allahabad High Court Sets Aside Man's Conviction After He Served Out Full Sentence Case title - Amar Singh v. State Citation: 2022 LiveLaw 370 The Allahabad High Court set aside the conviction order passed against a rape accused as it found each and every part of the testimony of the prosecutrix to be 'infirm', 'doubtful', and 'contradictory'.