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A. M. BADAR, SUNIL KUMAR PANWAR
Naresh Sahni S/o. Sita Ram Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. Badar, J.
The appellant/convicted accused by this appeal is challenging the Judgment and Order dated 31.10.2013 and 02.11.2013 respectively passed by the learned 5th Additional Sessions Judge, Muzaffarpur, in Sessions Trial No.75 of 2011, thereby convicting him of the offences punishable under Section 302 of the Indian Penal Code as well as under Section 27 of the Arms Act and sentencing him to suffer imprisonment for life as well as directing him to pay fine of Rs.10000/-on the first count and sentencing him to suffer rigorous imprisonment for five years apart from payment of fine of Rs.5000/-on the second count. The default sentences are also awarded to him and it is directed that the substantive sentences shall run concurrently. For the sake of convenience, the appellant shall be referred to in his original capacity as “an accused”.
2. Facts in brief leading to the prosecution of the accused can be summarized thus:
(a). According to the prosecution case, by using the firearms the accused has committed murder of Jitendra Kumar, son of Bishwanath Sahni, resident of village-Kanhauli Mohan Sahni Tola, Police Station-Mithanpura, District-Muzaffarpur, at about 03.00 P.M. o
The court determined that the appellant's actions constituted culpable homicide under Section 304 Part II due to lack of intent, modifying the conviction from murder under Section 302.
The court affirmed that the prosecution must prove its case beyond reasonable doubt, and testimonies of interested witnesses can be credible if corroborated by medical evidence.
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
The unimpeachable evidence of a single truthful witness may be sufficient to prove a fact, and the court may rely on ocular evidence as the best possible evidence in a criminal case.
A witness’s relationship to the deceased does not render their testimony unreliable or 'interested' absent specific motives for bias. Minor investigative flaws or procedural omissions by the police d....
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