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A. M. BADAR, ALOK KUMAR PANDEY
Shambhu Choudhary – Appellant
Versus
State of Bihar – Respondent
A. M. Badar, J.—Criminal Appeal bearing No.418 of 2014 has been filed by appellant/accused No.1 Jai Kishore Choudhary and appellant/accused No.6 Ram Pravesh Choudhary. Criminal Appeal bearing No. 442 of 2014 has been filed by appellant/accused No.2 Kaushal Choudhary, appellant/accused No.4 Sudhir Choudhary, appellant/accused No.5 Sunil Choudhary and appellant/accused No.7 Upendra Choudhary. Criminal Appeal bearing No.494 of 2014 has been filed by appellant/accused No.3 Sambhu Choudhary. They all are convicted by the impugned judgment of offences punishable under Section 302 read with Section 149 and 120B of the Indian Penal Code as well as under Section 27 of the Arms Act. For the offence punishable under Section 302 read with Section 149 of the IPC, each of them is sentence of suffer imprisonment for life apart from imposition of fine of Rs.1,000/- (One Thousand) and default sentence of one month. Similar sentence is awarded to them for the offence punishable under Section 120B of the IPC. For the offence punishable under Section 27 of the Arms Act, they all are sentenced to suffer rigorous imprisonment for one year apart from imposition of fine of Rs.1,000/- (One Thousand) and de
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
(1) Common object of unlawful assembly has to be determined from facts and circumstances of each case.(2) Grave suspicion cannot take place of proof. It is for prosecution to prove its case beyond re....
The judgment established the importance of reliable witness testimony, the impact of vicarious liability under section 149 of the Indian Penal Code, and the need for specific evidence to establish gu....
An appellate court shall not interfere with an order of acquittal unless the trial court’s findings are perverse, manifestly erroneous, or untenable in law. Where the view taken by the trial court is....
The court affirmed the conviction for murder based on the established common object of the unlawful assembly, supported by credible witness testimonies and medical evidence.
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
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