"Recovery Of Weapon Is Not Always Necessary, Especially If Eye-Witness Account Is Present"- Allahabad HC Upholds Life Imprisonment In 41-Year-Old Murder Case
An Allahabad High Court Bench at Lucknow comprising of Justice Attau Rahman Masoodi and Justice Saroj Yadav has held that "to prove the case of prosecution recovery of weapon is not always necessary specially if eye witness account is there. In the present matter, two witnesses have proved the incident who witnessed the incident. Mere non recovery of weapon cannot demolish the case of prosecution."
Counsel Rajesh Tiwari appeared for the appellant, while AGA Smiti Sahay appeared for the respondent.
In this case, a criminal appeal was filed by the convicts/appellants against the order of conviction passed by the Trial Court for the offence of murder.
On June 17, 1982, an FIR was filed against two named individuals and two unknown individuals. The complainant alleged that while returning home from the market, they were confronted by the accused and their associates. One of the accused, Rajkishore, fired a shot at the complainant's father, causing a fatal injury. The accused then chased the deceased, firing more shots and ultimately killing him with an axe and spade. The trial court found the accused guilty based on witness testimonies and medical evidence, sentencing them to life imprisonment.
On hearing the parties, the Court analysed the relevant facts and evidence. Subsequently, the Court concluded that both eyewitnesses provided a detailed account of the incident, establishing its occurrence and that the defence failed to undermine their credibility or bring forth any significant evidence that would render their statements unreliable.
Further, the Court also observed that "it is well settled law that the testimony of the related witness cannot be discarded merely on the ground that he is a related witness. A person whose close relative is killed will never spare the real culprit just to implicate the others falsely".
In light of the same, the High Court upheld the order of the Trial Court and ordered that the accused surrenders before the Trial Court within ten days.
Cause Title: Karuna Shanker & Anr. v. State of UP
