Back
ASHUTOSH KUMAR, HARISH KUMAR
Shyam Sunder Raut – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—We have heard Mr. Ajay Kumar Thakur assisted by Ms. Vaishnavi Singh, Ms. Kiran Thakur, Mr. Ritvik Thakur and Mr. Purushottam Kumar, learned Advocates and Shri Dilip Kumar Sinha and Shri Satyan Narayan Prasad for the State and Mr. Shantanu Kumar for the informant in all the above mentioned criminal appeals, which are being disposed of by this common judgment.
2. Before, we proceed to decide this case, it is necessary to be recorded that we found that the predecessor Bench had been informed about the demise of Shyam Sundar Raut, appellant no. 1 in Criminal Appeal (DB) No. 205/2017. A statement had been made on behalf of the appellants that Shyam Sundar Raut had passed away on 11.05.2017. The Bench vide order dated 20.01.2022 directed the appellants to file an I.A. application, bringing the death certificate on record and also issued non-bailable warrant of arrest against aforenoted Shyam Sundar Raut, perhaps in expectation of an execution report confirming the death of the afore-noted appellant.
3. The Interlocutory Application as directed by the Bench has already been filed along with a death certificate issued by the North Delhi Municipal Corporation, Govt. of Indi
The court reaffirmed that the prosecution must establish guilt beyond a reasonable doubt, and inconsistencies in witness testimonies warranted the benefit of doubt, leading to acquittal of the accuse....
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.
Prosecution must establish guilt beyond reasonable doubt; witness inconsistencies and lack of corroborative evidence can lead to acquittal.
The conviction upheld based on credible eyewitness testimony and medical evidence, despite the absence of independent witnesses, affirming the trial court's judgment.
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
