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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Mahesh Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SUDHIR SINGH, J.
1. Both the appeals are being taken up together as they arise out of the same judgment and order passed by the trial court, by which the appellants have been convicted.
2. Both the appeals are of the year 1995 and have been preferred twenty-seven years ago, against the judgment of conviction dated 16.08.1995 and the order of sentence dated 18.08.1995 passed by the 5th Additional Sessions Judge, Patna in Sessions Trial No. 76 of 1986/33 of 1994, arising out of Bikram (Rani Talab) P.S. Case No. 182 of 1984, whereby and whereunder appellant Binod Singh of Criminal Appeal (DB) No. 310 of 1995 has been convicted under Sections 302/34 and 147 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the Indian Penal Code and rigorous imprisonment for one year under Section 147 of the Indian Penal Code. Appellants, namely, Mahesh Singh, Birendra Singh and Ashutosh Singh of Criminal Appeal (DB) No. 241 of 1995 have been convicted under Section 147 of the Indian Penal Code and Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for one year under Section 147 of the Indian Penal
The prosecution must prove the guilt of the accused beyond all reasonable doubts, and inconsistencies and omissions in the evidence can lead to the setting aside of a judgment.
The non-examination of the Investigating Officer was fatal to the prosecution's case, and the prosecution failed to prove the guilt of the appellants beyond reasonable doubt.
The judgment establishes that in criminal cases, particularly those involving serious charges like murder, the prosecution must provide consistent and corroborative evidence to support its claims, fa....
Murder – Non-examination of Investigating Officer may cause fatal blow to prosecution.
The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.
The prosecution must establish a complete chain of circumstances negating any other hypothesis and unerringly pointing out the guilt of the accused.
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