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10 D. A chhuri/knife was recovered at the pointing of accused Hari Om in the presence of Panchas. E. The registration of Crime No.367 of 2008 was altered to that under Sections 396 and 412 IPC and in respect of offences punishable under the SC/ST Act. 9. On 30.10.2008 the investigation was taken over by PW11 Dr. B.K. Singh, Circle Officer, Firozabad during the course of which, he recorded statements of various persons. On 24.11.2008, he recorded the statements of PW1 Kotwal Singh, PW4 Shankar Lal (milkman), Dr. Satya Pal (elder brother of PW1 Kotwal Singh) and constables Dharmendra, Ramesh Chandra, Malkhan and Mawadh Singh. 10. The sixth person Rafique @ Bhaiye was apprehended on 05.11.2008. 11. On 03.12.2008, charge-sheet dated 24.11.2008 was filed by PW11 Dr. B. K. Singh. The basic information about the crime was stated as under:“Statement of Complainant of case, confirmed seizurememo, statement of Shankar Lal, milkman, confirmed place of incident, statement of family doctor of deceased, Dr. Satyapal, confirmed statement of constable Shankar, statement of Constable Dharmendra Singh, confirmed finger-prints report, statement of the Constable who got

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Hari Om @ Hero

案件摘要

司法管轄

印度

國籍

印度人

案件標題: Hari Om @ Hero v. State of UP

作案時年齡: 40

作案時年齡組: 成年人 (18至59歲)

性别: 男性

犯罪時的宗教信仰: 印度教

弱勢 / 邊緣群體身份

社會經濟地位

司法轄區 - 地理定位

緯度: 20.5937

經度: 78.9629

司法轄區 - 地理定位 (已連結案件摘要): 印度

瑞慈合作機構

The Square Circle Clinic (印度)

該國最新死刑狀態

保留死刑

案件現狀: 已結案: 無罪釋放

判處死刑年份: 2010s: 2015

執行方式: 絞刑

死刑所涉罪名的性質

謀殺: 多名受害者

專家證據

法醫 / 醫學證據: 屍檢 / 死後檢驗
法醫 / 醫學證據: 指紋 / 掌紋 / 足跡

案件背景 (最多300字): In the Sessions Trial, six accused persons were tried for dacoity and the murder of four people. The Trial Court convicted Accused No. 1, Hari Om, and sentenced him to death. The other accused persons were convicted and sentenced to life imprisonment. The High Court upheld the death sentence for Hari Om, affirmed the life imprisonment sentences for Accused Sanjay@Sonu and Saurabh@Sanju, and acquitted the remaining three accused persons.

The four key circumstances against the accused were:

Testimony of PW 5, the lone survivor and five-year-old son of the deceased. Recovery of a knife at the instance of Accused Hari Om. Testimony of a prosecution witness who claimed to have seen Hari Om near a red Tavera vehicle in the neighborhood. Fingerprints lifted from a glass inside the house matched those of Sanjay@Sonu and Saurabh@Sanju. The Court acquitted all the accused and held:

The testimony of the child witness, who was about five years old at the time of the incident, was deemed unreliable and not safe to rely upon. With the child witness's testimony being untrustworthy, the remaining evidence consisted of the recovery of a knife and the statement of a prosecution witness who claimed to have seen Hari Om near a red Tavera vehicle. The prosecution failed to link the call received by the deceased to Accused Hari Om, and there were discrepancies between the witness’s testimony and the time of the call. These inconsistencies led the Court to conclude that there was insufficient evidence to convict Hari Om under Section 396 IPC, and he was entitled to the benefit of the doubt. Regarding Sanjay@Sonu and Saurabh@Sanju, the Supreme Court found the fingerprint evidence insufficient. The procedure for lifting fingerprints from the glass was not specified, and there was no record of the method used or whether the constable who conducted the procedure was an expert. Additionally, the constable was not examined, and there was no evidence of the procedure used to analyze the fingerprints. Since Sanjay@Sonu and Saurabh@Sanju were unknown to the child and had not undergone Test Identification, and their identification in court was their first appearance, the fingerprint evidence alone was inadequate to support their conviction. As a result, they were granted the benefit of the doubt.

This case is notable for highlighting the importance of proper procedures in fingerprint evidence collection and handling.

辯方意見 (最多200字)

For Hari Om:

The main witness is a child witness: PW5 , the youngest child of Smt. Nirdosh Devi, was five years old at the time of the incident.
Recovery of Weapon cannot alone establish guilt of the accused HariOm: A knife (chhuri) was allegedly recovered based on the accused Hari Om's indication. However, the trial court rejected the theory of admissibility under Section 27 of the Evidence Act due to the absence of a memorandum, though it considered the recovery admissible under Section 8 of the Act. This evidence alone, however, was not deemed sufficient to establish guilt.
Accused seen near crime scene not proved: Accused Hari Om was allegedly seen near the house of the victim, next to a red Tavera vehicle by PW2 Ompal Singh and one Ram Prakash. However, Ram Prakash and Raju, another witness, were not examined during the trial, leaving only the testimony of PW2 Ompal Singh, which was found to be doubtful.
Fingerprint Evidence: The sample fingerprints of Hari Om did not match any of the fingerprints taken from the house of the deceased.

For Sanjay @ Sonu and Saurabh @ Sanju

Apart from the evidence that their sample fingerprints matched those lifted from the house of the deceased, no other evidence was presented to suggest or implicate their involvement in the crime.

判决摘要 (最多200字)

獲得法律代理的情況

第二次上訴階段: 公益律師
偵查前階段: 未知
審判階段: 未知
上訴階段: 未知

使用的特別程序

法庭之友 / “觀察簡報”

與罪名相關的立法: 396,412- INDIAN PENAL CODE, 1860

司法判例: Musheer Khan and Ors. vs. State of Madhya Pradesh Ram Shankar Singh and Ors. vs. State of Uttar Pradesh Saktu and Ors. vs. State of U.P. Suryanarayana vs. State of Karnataka State of U.P. vs. Krishna Master and Ors. Manmeet Singh vs. State of Punjab Panchhi and Ors. vs. State of UP Prakash and Ors. vs. State of Madhya Pradesh Kandayanathil vs. State of Kerala Raja Ram Yadav and Ors. vs. State of Bihar Dattu Ramrao Sakhare and Ors. vs. State of Maharashtra State of U.P. vs. Ashok Dixit and Ors. Digamber Vaishnav and Ors. vs. State of Chhattisgarh Radhey Shyam vs. State of Rajasthan Prakash vs. State of Karnataka Hukam Singh vs. State of Rajasthan

案件材料語言

英語

主要文檔

Hari Om @ Hero v. State of UP.pdf
English
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Death Penalty Defence - Asia

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Hari Om @ Hero

主要文檔

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