MULLA & ANOTHER Vs. STATE OF U.P.
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Head Note
Indian Penal Code,1860 - Section 148 , Section 149 , Section 302 , Section 364-A , Section 365
Rioting - Kidnapping for ransom - Unlawful assembly - Murder - Death sentence - Trial Court awarding death sentence to both the appellants - Confirmed by the HC - Accused persons not named in the FIR - Prosecution established that appellants, few more persons committed the offence by killing five persons mercilessly for non-payment of ransom amount - Merely because there was delay inlodging the FIR the outcome of the identification parade cannot be thrown out if the same was properly done after following the procedure - One of the appellant is around 65 years old - Appellants have been in prison for the last 14 years - Death penalty can be substituted with life sentence - Appeal disposed of accordingly.
The Indian Evidence Act, 1872 - Section 9
Test Identification Parade - Delay in conducting of - Effect - Identification parade must be conducted as soon as possible - This condition can be revoked if proper explanation justifying the delay is provided - Authorities must ensure that delay does not result in exposure of the accused leading to mistakes on the part of the witnesses - Appeal disposed of.
Topic(s)-Rioting , Kidnapping for Ransom , Unlawful Assembly , Test Identification Parade
Important Decision(s)- Merely because there was delay inlodging the FIR the outcome of the identification parade cannot be thrown out if the same was properly done after following the procedure.