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A. M. BADAR, CHANDRA SHEKHAR JHA
Chandan Yadav @ Chandan Kumar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
The present appeal is preferred challenging the Judgment and Order of conviction dated 28.09.2021 alongwith orders of sentence dated 04.10.2021 as passed in Sessions Trial No. 468 of 2018/C.I.S. No. 468 of 2018, arising out of Amdabad P.S. Case No. 39 of 2018 dated 07.03.2018, which was lodged for offence as alleged under Sections 341, 323, 504 and 307/34 of the Indian Penal Code ( in short I.P.C.), initially, where after the death of injured, Section 302/34 of the I.P.C. was added, as passed by Sri Vijay Kumar Pandey, learned Additional District and Sessions Judge-III, Katihar, whereby and whereunder the appellant/convict has been convicted under Sections 341, 323, 504 and 302 of the I.P.C. and has sentenced separately as to undergo rigorous imprisonment for 15 days with a fine of Rs. 500/-and in default of payment of fine for further simple imprisonment for 4 days for the offence under Section 341 of the I.P.C., rigorous imprisonment for 01 year with a fine of Rs. 500/-where in default of payment of fine further undergo to simple imprisonment for 08 days for the offence under Section 323 of the I.P.C., rigorous imprisonment for 01 year with a fine
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
The prosecution's burden is to establish guilt beyond reasonable doubt, with eyewitness testimony being critical, and discrepancies in procedural reports do not invalidate a solid case.
The prosecution must prove guilt beyond reasonable doubt, and failure to do so, due to contradictions and lack of corroboration, cannot sustain a conviction.
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