Back
A. M. BADAR, SUNIL KUMAR PANWAR
Harihar Singh Yadav @ Harihar Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A.M. Badar, J.
Criminal Appeal (DB) No.197 of 1996 is filed by the appellant/original accused no.2 Harihar Singh Yadav and appellant/original accused no.3 Rameshwar Singh Yadav whereas Criminal Appeal (DB) No.258 of 1996 is filed by appellant/original accused no.1 Radhey Shyam Singh Yadav. As both these appeals are arising out of the same Judgment, they are being decided together by this common Judgment. The appellants are challenging the Judgment and Order dated 16th May, 1996 and 17th May, 1996 respectively passed in Sessions Trial No.154 of 1993 by the learned 1st Additional Sessions Judge, Buxar whereby the appellants/accused nos.2 and 3, namely, Harihar Singh Yadav and Rameshwar Singh Yadav are convicted of the offence punishable under Section 302 read with 34 of the Indian Penal Code and appellant/accused no.1 Radhey Shyam Singh Yadav came to be convicted of the offence punishable under Section 302 of the Indian Penal Code. They all are sentenced to suffer imprisonment for life. For the sake of convenience, the appellants shall be referred in their original capacity as “an accused”.
2. Facts leading to the prosecution of the accused, projected from the police report c
The court established that eyewitness testimony from related witnesses can be credible and sufficient for conviction, provided it is consistent and corroborated by other evidence, and that the absenc....
Acquittal upheld as prosecution failed to prove guilt beyond reasonable doubt; witness testimonies deemed unreliable and contradictory.
The acquittal of the accused was based on the prosecution's failure to prove the case beyond a reasonable doubt amidst significant inconsistencies in eyewitness testimonies.
The prosecution must prove the case beyond reasonable doubt, relying primarily on credible eyewitness testimony and corroborative forensic evidence, particularly in murder convictions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
