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ASHUTOSH KUMAR, VIPUL M. PANCHOLI
Sanjay Pratap Singh @ Sanjay Singh – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – All these fourteen appeals have been heard together and are being disposed off by this common judgment.
2. Heard the learned counsel for the parties appearing in the respective appeals.
3. All the appellants except appellant/Bhaskar Sinha @ Bhaskar Kumar Sinha [Cr. Appeal (DB) No. 1025 of 2018] have been convicted for the offences under Sections 272, 273, 328 and 304 (Part-II)/34 of the Indian Penal Code (in short the I.P.C.), Section 3(2) (v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short the SC/ST (POA) Act] and Section 47(a) of the Bihar and Orissa Excise Act, 1915 (in short the Excise Act) vide judgment dated 24.07.2018 and by order dated 28.07.2018, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- each for the offences under Section 304 (Part-II)/34 of the I.P.C. read with Section 3(2)(v) of the SC/ST (POA) Act; six months R.I. and a fine of Rs. 500/- each for the offences under Sections 272 and 273 of the I.P.C.; R.I. for five years and a fine of Rs. 5,000/- each for the offence under Section 328 of the I.P.C. and two years R.I. and a fine of Rs. 2,000/- each for the offen
The court ruled that charges under the Indian Penal Code can proceed without sanction for explosive materials when combined with non-explosive charges, emphasizing the importance of evidence from eye....
The failure to establish motive and the unreliability of eyewitnesses render the prosecution's case unproven, necessitating the acquittal of the accused.
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
(1) In the event of complete denial or silence, Court is entitled to draw adverse inference against accused.(2) Practice of depositions of material witnesses not being placed on record, which goes to....
The established principle is that circumstantial evidence must be conclusive and consistent to affirm the guilt of the accused beyond reasonable doubt.
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