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SANJAY KAROL, S.KUMAR
State Of Bihar – Appellant
Versus
Niranjan @ Alakh Deo Kumar, S/o Shiv Narayan Pd Sah – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. details of the crime incidents and arrest. (Para 5 , 6 , 7 , 8) |
| 3. contradicting witness testimonies. (Para 9 , 10 , 11) |
| 4. circumstantial evidence. (Para 18 , 19) |
| 5. elements required for circumstantial evidence. (Para 20 , 21 , 22 , 23) |
| 6. assessment of witness credibility. (Para 38 , 39 , 47 , 56) |
| 7. consideration of mitigating and aggravating factors. (Para 131 , 134 , 138 , 183) |
| 8. final ruling and judgment delivered. (Para 179 , 180) |
JUDGMENT
Sanjay Karol, J. - Allegedly in the night intervening 23rd-24th June 2015, accused Niranjan @ Alakhdeo Kumar (hereinafter referred to as Niranjan) and accused Birendra Kumar (hereinafter referred to as Birendra) murdered Smt. Rekha Devi and her two daughters, namely, Ms. Komal Kumari and Ms. Anshu Kumari. As such both of them were charged for committing offences under Section 302 /34 of the INDIAN PENAL CODE . The Trial Court, vide judgment dated 18th January 2018 passed in Sessions Trial No.632 of 2015, found the Prosecution not to have established its case against accused Birendra and as such acquitted him. But, however, found sufficient evidence, though not
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