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ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Nitish Yadav @ Nitish Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—We have heard Mr. Ramakant Sharma, the learned Senior Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. Mr. Sharma has opened his argument with an aphorism that the witnesses may lie but the circumstances will not.
3. He has build up the case of the appellant on this premise.
4. The appellant is alleged to have shot dead the deceased. He has been convicted under Section 302 of the Indian Penal Code and 27 of the Arms Act vide judgment dated 12.07.2018 passed by the learned 1st Additional District & Sessions Judge, Barh at Patna in Sessions Trial No. 457 of 2016 arising out Ghoswari P.S. Case No. 23/2015 and vide order dated 17.07.2018 has been sentenced for R.I. for his life with a fine of Rs. 20,000/- for the offence under Section 302 of the Indian Pena Code and R.I. for three years along with a fine of Rs. 10,000/- for the offence under Section 27 of the Arms Act. In the event of failure to deposit the fine, the appellant has been directed to suffer further rigorous imprisonment for nine months. The sentences have been ordered to run concurrently. The amount of fine collected from the appellant has been directed to be deposited
The court established that inconsistencies in eyewitness testimonies and lack of corroborative evidence warrant acquittal in murder cases, highlighting the benefit of doubt principle.
The court established that the failure to communicate material circumstances to the accused during trial can lead to a miscarriage of justice, necessitating acquittal if the prosecution's case is not....
The principle of 'benefit of doubt' applies where evidence is insufficient to firmly establish guilt, leading to acquittal.
In criminal cases, the prosecution must prove guilt beyond a reasonable doubt; inconsistencies and lack of evidence can lead to acquittal.
The court acquitted the appellants due to insufficient evidence and inconsistencies in witness testimonies, emphasizing the need for credible proof in criminal convictions.
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