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A. M. BADAR, CHANDRA SHEKHAR JHA
Nikesh Rai @ Piyush Raj – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—Heard Mr. Rajendra Narayan, learned Senior counsel appearing on behalf of the appellants and Mr. Binod Bihari Singh, learned Additional Public Prosecutor appearing on behalf of the State in both Criminal Appeal (DB) No. 117 of 2018 and Criminal Appeal (DB) No. 199 of 2018.
2. Both above mentioned appeals are preferred challenging judgment of conviction dated 18.12.2017 and order of sentence dated 22.12.2017, as passed in Sessions Trial No. 107 of 2012/4868 of 2014 (arising out of Chapra Town P.S. Case No. 154 of 2011) passed by the learned Additional Sessions Judge, 9th Saran at Chapra, where appellant no. 1, Nikesh Rai @ Piyush Raj was convicted through Cr. Appeal (DB) No. 117 of 2018 for the offences alleged under Section 302/34 read with Section 120B of the Indian Penal Code and Section 27(1) of the Arms Act and sentenced to imprisonment for life under Section 302/34 and 120B of the Indian Penal Code with a fine of Rs. 50,000/- and also appellant no. 2 namely Shambhu Rai for the offences alleged under Section 120B read with Section 302 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs. 50,000/-. Further, to convict appellant
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
The need for reliable witness testimonies and corroborating evidence, especially in the absence of independent witnesses, to establish charges beyond reasonable doubt.
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
The court affirmed the conviction for murder based on consistent eyewitness testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
The prosecution failed to establish the credibility of its key witness, leading to the acquittal of the accused due to insufficient evidence.
The main legal point established in the judgment is that the prosecution must prove the guilt of the accused beyond a reasonable doubt, and contradictions and doubts in the evidence can lead to the f....
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