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ASHUTOSH KUMAR, HARISH KUMAR
Abhishek @ Chhotu – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—All these appeals, arising out of the same occurrence but with two different sessions trial, have been taken up together and are being disposed off by this common judgment.
2. In Cr. Appeal (DB) No. 309 of 2017, we have heard Mr. Harsh Anuj and Mr. Prashant Kumar for the appellant, whereas Mr. Ansul, assisted by Ms. Priyanka Singh, has appeared in all other three appeals on behalf of the appellants.
3. The State has been represented by Mr. Dilip Kumar Singh, the learned APP.
4. The appellants have been charged for murdering one Mainuddin @ Laddu @ Dhudhu. The appellants are alleged to have taken the deceased away from his house and killed him by stabbing several times.
5. The F.I.R. has been registered by the brother of the deceased, namely, Jainuddin Ahmad, who has been examined in both the sessions trial as P.W.-5 (Sessions Trial No. 123 of 2014 and Sessions Trial No. 283 of 2017). He has alleged that on 03.08.2013, at about 6:30 A.M. in the morning, the deceased along with one Sajid Khan had gone to a gym, where he met appellants/Sanjeet Kumar and Sonu Kumar. At the gym, one person informed the deceased that a plan has been made for killing him. The deceased ignor
The reliability of eyewitness accounts and dying declarations is crucial for a conviction under Section 302 of the IPC; discrepancies and doubts in witness testimonies can lead to acquittal.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
Eyewitness accounts unreliable due to inconsistencies, visibility doubts (distances, covered faces, hiding), suppressed initial report; benefit of doubt requires acquittal in multiple murder case by ....
Prosecution must establish guilt beyond reasonable doubt; witness inconsistencies and lack of corroborative evidence can lead to acquittal.
The court reaffirmed the principle that a prosecution case must be proven beyond reasonable doubt; contradictions in witness testimony necessitated acquittal due to reasonable doubt.
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