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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Dinesh Tiwari – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J. – Before beginning the discussion in the present appeal, it is necessary to state that one of the appellants/Ajit Tiwari has claimed his juvenility on the date of the occurrence. A Co-ordinate Division Bench vide order dated 22.06.2017 directed the Juvenile Justice Board, Nawada to enquire into the claim of the appellant as per law after noticing the informant of the present case. In pursuance of order dated 22.06.2017, the Juvenile Justice Board, Nawada held enquiry with regard to the claim of juvenility of appellant/Ajit Tiwari. The Principal Magistrate, Juvenile Justice Board, Nawada reported that the appellant/Ajit Tiwari was a juvenile on the date of the occurrence i.e. 26.07.2007 as per statutory provision and on the basis of said enquiry report based on relevant statutory provision, co-ordinate Division Bench of this Court vide order dated 19.12.2018 granted bail to him.
2. Since the appellant/Ajit Tiwari (juvenile) has also challenged the impugned judgment and order of conviction and sentence, it is necessary to hear out his appeal alongwith the case of appellant/Dinesh Tiwari.
3. This appeal is directed against the judgment of conviction dated 21.02.201
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
Point of Law : When there are eyewitnesses to prove the charge, failure on the part of the prosecution to establish every link in the chain of circumstance would become irrelevant.
If the deceased had died on the previous day then it cannot be believed that the informant i.e. the PW-5 and the other members of the family including the PW-1 were not aware of the actual incident.
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