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ARVIND SRIVASTAVA, SUNIL DUTTA MISHRA
Nashib Lal Rai @ Harbar Rai – Appellant
Versus
Bijoy Rai – Respondent
Arvind Srivastava, J.—Heard learned counsel for the appellants and learned Addl. P.P. appearing for the State.
2. These appeals are directed against the judgment of conviction dated 30.11.1996 and order of sentence dated 02.12.1996, passed by the 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 447 of 1994/3 of 1994, whereby and whereunder the appellant, namely, Bijoy Rai {Cr. Appeal (DB) No. 14 of 1997} has been convicted under Section 302 of the Indian Penal Code and rest of the appellants, namely, Nasib Lal Rai @ Harwar Rai, Saryug Rai and Birendra Rai {Cr. Appeal (DB) No. 598 of 1996} have been convicted under Section 302 read with Section 34 of the Indian Penal Code. All the appellants have been sentenced to undergo rigorous imprisonment for life.
3. Since the appellant no. 2 {Cr. Appeal (DB) No. 598 of 1996} namely, Saryug Rai died in the year 2007, and as such, the appeal stood abated against him vide order dated 07.11.2023.
4. The prosecution story, in brief, is that the informant Jamadar Rai (P.W.2) lodged a fardbeyan on 18.06.1993 before the Officer in Charge of Makar P.S. alleging therein that on 17.06.1993 while the informant was sitting at his house on
The prosecution must prove the guilt of the accused beyond all reasonable doubts, and inconsistencies and omissions in the evidence can lead to the setting aside of a judgment.
The central legal point established in the judgment is the requirement to carefully assess and evaluate witness testimonies, and the extension of the benefit of doubt in case of contradictions and in....
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence led to the appellant's acquittal.
The FIR of a deceased can serve as a dying declaration but must be trustworthy; failure to examine the recording officer undermines its reliability.
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