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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Rizwan Mian – Appellant
Versus
State of Bihar – Respondent
Nawneet Kumar Pandey, J. – Both the appeals have been preferred under Section 374(2) of the Code of Criminal Procedure for setting aside the judgment and order of conviction dated 28.01.2014 and the order of sentence dated 05.02.2014 respectively passed by the learned Adhoc Additional Sessions Judge, Banka in Sessions Trial No. 126 of 2011.
2. Both the appellants Rizwan Mian and Babulal Yadav were found guilty and convicted by the learned trial court for the offences punishable under Sections 302/34 and 452 of the Indian Penal Code. Further, the appellant Rizwan Mian was also convicted for the offences punishable under Section 27 of the Arms Act. They were sentenced for life imprisonment under Section 302/34 of the Indian Penal Code. They were also awarded a fine of Rs. 10,000/- each. Further, the appellants were sentenced for simple imprisonment of two years for the offences punishable under Section 452 of the I.P.C. The appellant Rizwan Mian was also sentenced for an imprisonment of three years for the offence punishable under Section 27 of the Arms Act. In case of non-payment of fine, the appellants had to undergo simple imprisonment for two months. All the sentences were directe
The requirement of corroborative eyewitness testimonies to establish guilt beyond reasonable doubt in criminal convictions.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
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