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ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Moti Ullah @ Md. Matiullah – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – Heard Mr. Rohit Kumar, learned advocate for the appellant and Ms. Shashi Bala Verma, learned APP for the State.
2. The appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo R.I. for life, fine of Rs. 25,000/- and in default of payment of fine, to further suffer imprisonment for three years vide judgment of conviction and order of sentence dated 15.02.2017 and by order dated 20.02.2017 respectively passed by learned Additional District and Sessions Judge-VII, Patna in Sessions Trial No. 1355 of 2013 arising out of Pirbahore P.S. Case No. 310 of 2013.
3. The appellant is the husband of the deceased. The deceased is alleged to have been killed by a butcher’s knife. The occurrence took place in front of the mother, sister, brother-in-law and other relatives of the deceased. The FIR has been registered by the mother of the deceased who has been examined as P.W.4.
4. In her First Information Report, she has alleged that on 31.07.2013, the appellant came to her house and slashed the neck of the deceased by a knife. She has further alleged in the FIR that though the appellant was married to the deceased some 22 years ago
The principle of benefit of doubt necessitates acquittal when the prosecution fails to prove guilt beyond a reasonable doubt, especially with inconsistent eyewitness testimony.
Familial relationships do not inherently discredit witness testimony; credible evidence can uphold a conviction despite investigative shortcomings.
The court established that for a claim of provocation to reduce a murder charge to manslaughter, the provocation must be sudden and grave, and the burden of proof lies with the accused to demonstrate....
The court established that the failure to communicate material circumstances to the accused during trial can lead to a miscarriage of justice, necessitating acquittal if the prosecution's case is not....
Circumstantial evidence and the last seen theory can establish guilt beyond a reasonable doubt when the accused fails to provide a satisfactory explanation.
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