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VIKRAM NATH, SANDEEP MEHTA
Suresh Sahu – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. background of the appeal and prior convictions. (Para 2 , 3 , 4) |
| 2. details of the incident leading to the charges. (Para 6 , 7 , 8 , 9) |
| 3. arguments presented by the accused-appellants. (Para 14 , 16) |
| 4. issues regarding examination of the accused under section 313. (Para 18 , 21 , 24) |
| 5. inconsistencies and credibility of the prosecution witnesses. (Para 30 , 32 , 34) |
| 6. verdict and reasoning leading to acquittal. (Para 50 , 52 , 53) |
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. The appellants1 [Hereinafter, referred to as the “accused-appellants”] herein faced trial before the 3rd Additional Judicial Commissioner, Ranchi2 [Hereinafter, referred to as the “trial Court”] in Sessions Trial No. 128 of 1991. Vide judgment dated 30th August, 1994, the learned trial Court convicted the accused-appellants for the offences punishable under Section 120B, Section 302 and Section 302 /149 of the INDIAN PENAL CODE , 1860.3 [For short “IPC”] The accused-appellants were sentenced to undergo imprisonment for life for the aforesaid offences.
3. Being aggrieved by their conviction and sentence, the accused-appellants preferred Criminal Appeal (DB) No. 150 of 1994 before the High Court of
The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
Murder – Non-examination of Investigating Officer may cause fatal blow to prosecution.
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