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CHAKRADHARI SHARAN SINGH, RAJIV ROY
Arun Yadav, S/o. Late Shiv Prasad Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
By the impugned judgment and order dated 26.3.2014/28.3.2014 passed by the Additional Sessions Judge, Adhoc Court No.II, Madhepura, in Sessions Trial No. 29 of 1992, the appellant has been convicted and sentenced as under :
| Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | |
| 302 of the IPC | For Life | 5,000/- | SI for six months |
2. Fardbeyan of P.W. 7 recorded by Abdul Raquib, a Sub-Inspector of Police posted at Madhepura Police Station on 27.10.1991 at 8:00 P.M. at Sadar Hospital, Madhepura is the basis for registration of the concerned Madhepura P.S. Case No. 284 of 1991 disclosing commission of the offence punishable under section 302 of the Indian Penal Code.
3. It is the prosecution's case, as set out in the fardbeyan, that at about 6:15 P.M. on the said date, the informant had come to a place known as Matahi Chowk searching for his son, Shatrughan Yadav (the deceased). There he saw his son taking refreshment near the shop of one Bino Sah (not examined). In the meanwhile, a Maxi Taxi bearing registration No. BR-11M8141 stopped there. Thereafter, the appellant, who was sitting
The importance of corroborative evidence and proof beyond all reasonable doubts in criminal cases.
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 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 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 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 presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The prosecution failed to prove the appellant's guilt beyond a reasonable doubt due to unreliable witness testimonies and insufficient circumstantial evidence.
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