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CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Om Prakash Singh – Appellant
Versus
State of Biha – Respondent
Chakradhari Sharan Singh, J. – This appeal has been filed under proviso to Section 372 of the Cr.P.C., putting to challenge a judgment dated 23.2.2022 passed by the learned 3rd Additional District and Sessions Judge, Naugachia, Bhagalpur, in Sessions Trial No. 40 of 2010 (C.I.S. No.1593 of 2014), whereby the learned Trial Court has acquitted respondents no. 2 to 4 of the charges punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code and Section 27(3) of the Arms Act, 1959. The appellant is the informant of the case and father of the deceased.
2. It was the prosecution’s case that daughter of the Mukhiya of the informant’s village was married to a person in Khagaria, who had left her matrimonial home without leaving any clue. It was suspected that the deceased might be involved in helping the said girl elope from her matrimonial home. Harbouring such suspicion in their minds, the accused persons including respondents no. 2 to 4 had caught hold of the deceased at his (the deceased’s) maternal uncle’s place. He was thereafter brutally assaulted and was killed by using fire arms. The dead body of the deceased was subsequently found lying in a maize crop field o
Interference with a judgment of acquittal is warranted only when the finding is found to be perverse and as a result of patent non-application of mind while dealing with the evidence of the prosecuti....
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 sufficiency of evidence to establish the prosecution's case beyond all reasonable doubts, and the prejudicial impact of the absence of T.I. Parade and non-examination of the Investigating Officer....
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