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ASHUTOSH KUMAR, SHAILENDRA SINGH
Md. Salim – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Heard Mr. Saghir Ahmad for the appellant and Mr. Abhimanyu Sharma for the State.
2. This appeal is directed against the judgment of conviction dated 27.02.2017 and order of sentence dated 04.03.2017 passed by the learned Additional Sessions Judge -I, Purnea in S. Tr. No. 485 of 2015 (CIS No. 447 of 2015, Tr. No. 08 of 2017), arising out of Baisi P.S. Case No. 17 of 2015, whereby and whereunder the sole appellant/Md. Salim has been convicted for the offences under Sections 302 and 201 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer imprisonment for one year for the offence under Section 302 of the I.P.C. and rigorous imprisonment for seven years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further suffer imprisonment for a period of six months for the offence under Section 201 of the I.P.C. The sentences have been ordered to run concurrently.
3. The appellant has been charged of murdering Bijalo @ Najneen with whom he was made to marry about six months ago on the dictates of the local panchayat. The further charge against the appe
The standard of proof for convicting a person of murder requires complete and conclusive evidence, and the prosecution must establish that the deceased 'must have' been killed by the accused.
The benefit of doubt must be given when the identification of crucial evidence is doubtful and key witnesses are not examined, as it affects the burden of proof.
The judgment underscores the necessity for conclusive evidence in criminal cases, particularly in charges involving serious offenses like murder and sexual assault, and the importance of correctly es....
Familial relationships do not inherently discredit witness testimony; credible evidence can uphold a conviction despite investigative shortcomings.
The judgment emphasizes the importance of credible evidence and the burden of proof on the prosecution in criminal cases.
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