Allahabad High Court has said that the sentence can be given on the statement of the sole eyewitness only if his testimony is completely reliable. The contradiction in the statement of the eyewitness makes his presence at the scene of the incident doubtful. In such a situation, the sentence cannot be given on the statement of the sole witness. The court has acquitted nine accused who were sentenced to life imprisonment in the murder case that took place in 2001 in Sipai village of Bindki police station area of ​​Kanpur city.
This order was given by a division bench of Justice Rajiv Gupta and Justice Samiti Gopal on the appeal of accused Jhande Yadav alias Shivkumar and nine other accused. Advocate Ashutosh Kumar Pandey argued on behalf of the appellant. Cancelling the sentence, the High Court said that the trial court ignored many important points. The confession made by the accused under Section 164 of the Code of Criminal Procedure cannot be given importance because the magistrate did not warn the accused about its consequences before recording their statement. Nor did he explain to them that this statement could be read against them.
Prohibition on recovery of excess salary payments
Allahabad High Court has stayed the recovery action taken by CMO Etawah in the matter of fixing higher salary due to departmental mistake and has directed the parties to file reply and counter reply. The court has also directed to list this petition for disposal along with other pending petitions. The High Court has given this order after hearing advocates Ganesh Mishra and Varun Mishra on the petition of Neeraj Dubey.