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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Vijay Singh@Vijay Kr. Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. On 30.08.1985, Neelam breathed her last in Simaltalla, PS Sikandra, District Munger, Bihar. The factum of her death was discovered in furtherance of the written report lodged by the informant and brother-in-law of the deceased, namely, Ramanand Singh (examined as PW18 before the Trial Court)1 [Prosecution witness or PW] wherein he alleged that Neelam was abducted by seven persons from their house in an incident which occurred at around 10:00 PM on the said day. On the basis of this information, an FIR bearing no. 127 of 1985 was lodged at PS Sikandra and investigation was commenced which led to the filing of a chargesheet against the seven accused persons, namely - Krishna Nandan Singh (Accused No. 1), Ram Nandan Singh (Accused No. 2), Raj Nandan Singh (Accused No. 3), Shyam Nandan Singh (Accused No. 4), Bhagwan Singh (Accused No. 5), Vijay Singh (Accused No. 6) and Tanik Singh (Accused No. 7).
2. The Trial Court charged all seven accused persons for the commission of offences punishable under Sections 323, 302, 364, 449, 450, 380/34 and 120-B of the Indian Penal Code, 1860.2 [Hereinafter referred as “IPC”] Later, accused nos. 6 and 7 were disti
(1) Murder – Without proof of foundational facts, case of prosecution cannot succeed on presence of motive alone.(2) Appreciation of evidence – When version put forth by interested witnesses comes u....
The acquittal of the accused was upheld due to significant doubts regarding eyewitness credibility and procedural inconsistencies in the prosecution's case.
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
The conviction requires proof beyond a reasonable doubt, with credible evidence forming a complete chain of circumstances to hold the accused responsible for the crime.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
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