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A. M. BADAR, RAJESH KUMAR VERMA
Sanjay Paswan – Appellant
Versus
State of Bihar – Respondent
A. M. Badar, J.—By this appeal, appellant/ convicted accused is challenging the Judgment and order dated 13.01.2014 and 16.01.2014 respectively passed by the learned Vth Additional Sessions Judge, Patna City, Patna in Sessions Trial No. 258 of 2012, thereby convicting him of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life apart from a direction to pay fine of Rs.10,000/- and in default to undergo rigorous impreisonment for two years. 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 gathered from the police report can be summarized thus:—
(a) First Informant, Rameshwar Manjhi (P.W.2) is resident of village Mudera falling under jurisdiction of Police Station Fatuha, District Patna. His sister is married to P.W. 3 Ramchandar Manjhi resident of village Darshan Chapra falling under Police Station Udwant Nagar of District Bhojpur, Ara. Dinesh Manjhi (since deceased) was uncle of P.W. 3 Ramchandar Manjhi. They both, on 27.10.2011 had gone to the house of First Informant, Rameshwar Manjhi (P.W. 2) at village
Eyewitness accounts cannot be disregarded solely due to witness relations; the intent behind injuries determines the charge under IPC, leading to a reduction from murder to culpable homicide.
The judgment establishes that the prosecution must prove its case beyond a reasonable doubt, particularly when relying on eyewitness testimony, which must be consistent and credible to support a conv....
No hard and fast Rule can be laid down as to how much evidence should be appreciated. Judicial approach has to be cautious in dealing with such evidence; but the plea that such evidence should be rej....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
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