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Appeal against acquittal under u/s 302, IPC read with u/s 34, IPC. Judgment Details: The appeal was made by the State of Uttar Pradesh against the acquittal of the appellant and another person named Hoshiara for an offence u/s 302, IPC read with u/s 34, IPC. The incident involved the murder of Smt. Shivdevi in a village in Meerut district. The prosecution's case was based on the discovery of the victim's body in the appellant's farmhouse. The trial court acquitted both accused, but the State appealed only against the appellant, who was subsequently convicted and sentenced to transportation for life. The prosecution presented witnesses who testified to hearing the victim's cries and suspecting foul play in the appellant's farmhouse. However, the appellant denied being present at the scene and provided an alibi. The trial court accepted the appellant's defense, leading to his acquittal. The High Court, after a thorough review of the evidence, concluded that the appellant was indeed present at the crime scene and responsible for the murder, possibly with assistance from another person. The High Court's decision to overturn the trial court's acquittal was justified, as appellate courts have the authority to review evidence comprehensively in appeals against acquittals. The presumption of innocence remains strong even at the appellate stage, but the court can form its own conclusions based on the evidence presented. The absence of a clear motive for the crime did not weaken the case against the appellant, as circumstantial evidence pointed to his guilt. The High Court's careful examination of the evidence supported the conclusion that the appellant was guilty of the murder. Ultimately, the Supreme Court found no grounds for interference and dismissed the appeal, affirming the High Court's decision.
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