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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Sugreev Mahto – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J. – This is an appeal under Section 372 of the Cr.P.C. putting to challenge a judgment dated 17.02.2019 passed by the learned Additional Sessions Judge-V, Patna City, in Sessions Trial No. 464 of 2008/2465 of 2008, whereby respondents No. 2 to 5 have been acquitted of the charges of commission of offences punishable under Sections 302/34 and 364/34 of the Indian Penal Code. The said sessions trial had arisen out of Khusrupur P.S. Case No. 102 of 2007 on 24.10.2007 levelling commission of an offence punishable under Section 364/34 of the I.P.C. of which the appellant is the informant.
2. A written report of the appellant was the basis for registration of the said Khusrupur P.S. Case No. 102 of 2007. He asserted in his written report that at the relevant point of time, he was sitting in his house when respondent No. 3 (Ram Nandan Mahto) came and invited his younger brother (the deceased) to accompany him for eating bread and fish. Respondent No. 2 told the informant that he was taking his brother (the deceased) to a hut situate near the eastern side of a community hall. The informant is said to have followed them and seen them in the shed with other persons,
The judgment emphasizes the principle that suspicion alone cannot establish guilt and highlights the requirement for a complete chain of circumstances to prove guilt beyond reasonable doubt.
The judgment establishes the importance of a complete chain of evidence and a clear motive in cases based on circumstantial evidence. It also highlights the significance of Section 156 (3) of Cr.P.C.....
The main legal point established in the judgment is that an appellate court should not interfere with the trial court's finding of acquittal if it appears to be a reasonably possible view based on th....
The central legal point established in the judgment is the requirement for convincing and sufficient evidence to establish the charge under Section 302/34 of the IPC.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
Mere recovery of minor rape-murder victim's body from accused's locked room, without proof of last seen together, accused's presence or forensic link, fails to form complete circumstantial chain for ....
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
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