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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Saheb Kumar Paswan – Appellant
Versus
State of Bihar – Respondent
Sudhir Singh, J. – Heard Mr. Amish Kumar, learned Amicus Curiae for the appellant No. 1 and learned A.P.P. for the State.
2. This criminal appeal has already been abated against the appellant Nos. 2 and 3, as both of them died during pendency of this appeal.
3. The present criminal appeal has been preferred in the year 1996, i.e. around 27 years, against the judgment of conviction and the order of sentence dated 17.11.1995 passed by Sri R.P. Chaudhary, 1st Addl. Sessions Judge, Khagaria in Sessions Case No. 127 of 1994, arising out of Gogri P.S. case No. 251/93 whereby and whereunder the appellant No. 1 has been convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as “ the I.P.C.”) and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Section 302 of I.P.C. No separate sentence has been awarded under Section 27 of the Arms Act.
4. The prosecution case as per the fardbeyan of informant Nand Lal Paswan recorded by S.I. S.D.Singh of Mahesh Khunt (Gogari) Police Station at 1.00 a.m. in the office of Singh Transport is that the informant has his house in village Meheshkhunt which is adjacent north to the Assam R
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 – Conviction on the basis of conjectures and surmises is fatal for justice and fairness.
The prosecution must establish the chain of circumstances so complete that the possibility of any other hypothesis is negated. Inconsistencies in the evidence of eyewitnesses may be a ground for disb....
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