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RAJESH KUMAR VERMA, A. M. BADAR
Mithun Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT
A. M. BADAR, J.:–
By this appeal, appellant/accused Mithun Paswan is challenging the Judgment and Order dated 15.01.2014 and 18.01.2014 respectively passed by the learned Adhoc Additional Sessions Judge-II, Khagaria, in Sessions Trial No.394 of 2010, thereby convicting him of the offences punishable under Sections 302 and 364 of the Indian Penal Code. For the offence punishable under Section 302 of the Indian Penal Code, he is sentenced to suffer imprisonment for life along with imposition of fine of Rs.5000/- and for the offence punishable under Section 364 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for 10 years apart from imposition of fine of Rs.5000/-. The learned trial court awarded default sentence of imprisonment for six months. Substantive sentences are directed to 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) It is case of the prosecution that by kidnapping victim Laxman Paswan on 22.03.2010, the accused along with juvenile in conflict with law Tuntun Paswan had committed h
Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
The burden of proof lies with the prosecution, and the accused's explanation, if consistent with the facts, can lead to acquittal.
In criminal cases based on circumstantial evidence, all links in the evidence chain must be established beyond reasonable doubt; mere suspicion is insufficient for conviction.
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