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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Ganesh Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SUDHIR SINGH, J.
1. The present appeal has been preferred against the judgment of conviction and the order of sentence dated 14.12.1995 passed by the 9th Additional Sessions Judge, Patna in Sessions Trial No. 617 of 1987, arising out of Bikram (Dulhin Bazar) P.S. Case No. 311 of 1984, whereby and whereunder the appellants have been convicted under Sections 302/149 and 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code and two years under Section 148 of the Indian Penal Code. The sentences have been ordered to run concurrently.
2. By order dated 25.02.2022, passed by a co-ordinate Bench of this Court, the present appeal has stood abated against appellants Sadal Yadav and Govardhan Yadav as they have died during pendency of this appeal. This appeal is now confined to appellants namely Ganesh Yadav, Bhuwan Yadav and Chandeshwar Yadav.
3. Heard learned counsel for the appellants, learned A.P.P. appearing for the State. This Court has also benefited from the able assistance given by Mr. Amish Kumar, Amicus Curiae as appointed by order dated 25.02.2022, passed by a Co-ordinate Bench of this
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 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 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 ....
Murder – Non-examination of Investigating Officer may cause fatal blow to prosecution.
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
The main legal point established is the significance of consistent eyewitness testimonies, supported by medical and forensic evidence, in establishing guilt. The judgment also clarifies that non-exam....
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