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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Ram Bilas Sharma S/o Ishwar Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SUDHIR SINGH, J.
1. This criminal appeal has been filed on behalf of the appellant against the judgment and order dated 31-10-1995, passed by learned 1st Additional Sessions Judge, Banka, in Sessions Trial No. 575 of 1993, arising out of Rajoun P.S. Case No. 198 of 1992 whereby and whereunder the appellant, namely, Ram Bilas Sharma and one Etwari Sharma having been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life. The appeal as against Etwari Sharma got abated by order dated 11.03.2022, passed in this criminal appeal, as he died during pendency of this appeal. Therefore, this appeal is now surviving only against the sole appellant, namely, Ram Bilas Sharma.
2. The case of the prosecution, in brief, is that fardbeyan of the informant was recorded at 7.30 A.M. on 21-12-1992 at Rajoun Hospital, wherein he stated that the informant has got two brothers and all three brothers including the informant used to live separately. One of the brothers, namely, Amik Sharma (deceased) used to live in his house constructed near the pond (Pokhar) situated in the west of the village. On 21-12-1992 at 5.00 A.M. the inform
Related witnesses' evidence can be relied upon if consistent and true, and the previous enmity can also be the motive behind the occurrence.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
The main legal point established in the judgment is that the prosecution must prove the charges against the accused beyond all reasonable doubts, and material contradictions in evidence can render ey....
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
Murder – Conviction on the basis of conjectures and surmises is fatal for justice and fairness.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
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