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CHAKRADHARI SHARAN SINGH, KHATIM REZA
Udeshwar Yadav, Son of Late Gulabi Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
By a judgment dated 26.10.2019, passed by the learned Additional District and Sessions Judge-VIII, Bhagalpur in Sessions Trial No. 732/2015 and 240 of 2016, the respondents No. 2 to 6 have been acquitted of the charge punishable under Section 302/34 of the Indian Penal Code, which is sought to be challenged by the appellant in the present appeal filed under Section 372 of the Cr.P.C. The aforesaid sessions trial had arisen out of Sabour P.S. Case No. 160 of 2015. The appellant happened to be the informant of the said criminal case.
2. The place of occurrence, as described in the first information report, is the house of the in-laws of his son (the deceased) at village Mansarpur where the informant was also present. He alleged in his written report, which is the basis for registration of FIR that the father-in-law, the brother-in-law and the wife of the deceased had forcibly taken the deceased to their house at village Mansarpur. The informant's son was thereafter tied with a pole by means of a rope and thereafter in his (informant's) presence, respondent No. 3 Gaurav Yadav (brother-in-law of the deceased) with an iron rod, respondent No. 2 Amarn
The central legal point established in the judgment is the requirement for convincing and sufficient evidence to establish the charge under Section 302/34 of the IPC.
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 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 ....
The conviction was overturned due to insufficient evidence and inconsistencies in witness testimonies, affirming that convictions must be based on reliable and corroborative evidence beyond a reasona....
The main legal point established in the judgment is that the burden of proof rests upon the prosecution to prove the guilt of the accused beyond reasonable doubt. The application of legal presumption....
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 prosecution must prove the guilt of the accused beyond reasonable doubt, and failure to provide credible evidence leads to acquittal.
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