Back
CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Shankar Roy – Appellant
Versus
State of Bihar – Respondent
Chakradhari Sharan Singh, J.—Since all these appeals filed under Section 374(2) of the Code of Criminal Procedure (in short CrPC), arise out of the same impugned judgment of conviction and the order of sentence, they have been heard together and are being disposed of by the present common judgment and order.
2. By the impugned judgment and order dated 27.09.2008/ 01.10.2008 passed by the learned Ist Additional Sessions Judge, Banka in Sessions Case No. 1018 of 2005, arising out of Katoria P.S. Case No. 53 of 2004, GR No. 481 of 2004, the appellants have been convicted and sentenced as under:—
Cr. Appeal (DB) No. 1253 (DB) of 2008
| Appellant's name | Conviction under Section | Imprisonment | Sentence Fine (Rs.) | In default of fine |
| 1. Shankar Roy | 396 of the IPC | RI For Life | X | X |
| 397 of the IPC | RI for 7 years | X | X | |
| 2. Shambhu Roy | 396 of the IPC | RI For Life | X | X |
| 397 of the IPC | RI for 7 years | X | X | |
| 3. Arun Mandal | 396 of the IPC | RI For Life | X | X |
| 397 of the IPC | RI for 7 years | X | X | |
| 4. Nourangi Mandal | 396 of the IPC | RI Fo | ||
A conviction under Section 394 IPC requires evidence of guilt beyond reasonable doubt, which is compromised by significant procedural lapses and inconsistencies in witness statements.
Conviction requires consistent evidence; inconsistencies and contradictions raise reasonable doubt regarding guilt.
The court clarified that identification procedures must meet strict standards to ensure reliability; failure to do so results in acquittal due to reasonable doubt.
Conviction under IPC Sections 364(A) and 395 reversed due to witness inconsistencies and insufficient evidence of identity and guilt.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
