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CHAKRADHARI SHARAN SINGH, CHANDRA PRAKASH SINGH
Subodh Kumar, son of Late Parmanand Singh @ Parmanand Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
The informant of Begusarai Muffasil Police Station case No. 414 of 2019 has preferred this appeal under Section 372 of the Code of Criminal Procedure putting to challenge a judgment and order dated 24.12.2021 passed in Sessions trial No. 44 of 2020 (G.R. No. 2917 of 2019) by learned Sessions Judge-IX, Begusarai. By the said judgment and order, learned trial court has acquitted respondents No. 2 and 3 of the charge of commission of the offences punishable under Sections 302, 201, 120-B read with Section 34 of the Indian Penal Code.
2. We have heard Mr. Aaruni Singh, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.
3. The prosecution’s case as disclosed in the written report of the informant, addressed to the S.H.O. of the Police Station dated 11.08.2019 at 11:05 hours is that on 09.08.2019 at about 4:00 P.M., respondents No. 2 and 3 (hereinafter referred to as the ‘private respondents’) had come at the door of the informant and called his brother Prakash Kumar(the deceased). All of them, thereafter, left together on a Pulsar Motorcycle. As he did not return till late in the night on the sai
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond all reasonable doubts, especially in cases where the timing of events and the recov....
The principle of establishing guilt beyond all reasonable doubts and the application of the benefit of doubt principle in criminal cases.
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
The main legal point established in the judgment is that an appellate court should not interfere with the trial court's finding of acquittal if it appears to be a reasonably possible view based on th....
The sufficiency of evidence to establish the prosecution's case beyond all reasonable doubts, and the prejudicial impact of the absence of T.I. Parade and non-examination of the Investigating Officer....
The central legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, which was not achieved in this case.
The need for concrete evidence to prove homicidal death and the importance of the Doctor's opinion in cases of circumstantial evidence.
The need for conclusive evidence and a complete chain of evidence to establish guilt, and the limited jurisdiction of the appellate court in interfering with findings of fact by the trial court.
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