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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Shabnam Devi, W/o. Late Jai Kumar Jwala – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
The present appeal has been filed under Section 372 of the CrPC by the informant assailing the finding of acquittal recorded by learned Sessions Judge, Madhepura, vide judgment dated 30.11.2022, passed in Sessions Trial No. 03 of 2016/CIS No. 09 of 2016, arising out of Murliganj P.S. Case No. 29 of. By the impugned judgment the respondent nos. 2, 3, 4 and 5 have been acquitted of the charge of offence punishable under Section 302/34 of the Indian Penal Code.
2. The case of the prosecution as disclosed in the written report of the informant Shabnam Devi, the wife of the deceased is that her father had executed a deed of gift in favour of her late husband on 05.05.1997. She alleged that the respondent nos. 2 to 5 who wanted to grab the land so gifted to the informant’s husband and they were repeatedly pressurizing him to abandon the land, in respect of which her late husband had filed Sanha, bearing no. 325/2011 in the Court of learned Chief Judicial Magistrate, Madhepura. He is said to have also filed a petition in Bharrahi O.P. and a case was also pending in that regard. She alleged that out of animosity, respondents no. 2-5 kidnapped her husban
Interference with a judgment of acquittal is warranted only when the finding is found to be perverse and as a result of patent non-application of mind while dealing with the evidence of the prosecuti....
The court emphasized the importance of proving guilt beyond reasonable doubt and highlighted the need for consistent and credible evidence to establish the accused's involvement in the alleged offens....
Inconsistencies in the evidence of prosecution witnesses and previous animosity can influence the court's decision and lead to acquittal.
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 appellate court upheld the acquittal, emphasizing the prosecution's failure to establish guilt beyond reasonable doubt due to contradictions in witness testimonies and lack of direct evidence.
The presumption of innocence remains paramount in criminal proceedings, and the burden of proof lies with the prosecution to establish guilt beyond a reasonable doubt, particularly in cases of acquit....
The appeal against acquittal was dismissed as the prosecution failed to establish a clear circumstantial chain of evidence, reinforcing the principle that acquittal enhances the presumption of innoce....
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