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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Chitrangat Tiwari @ Chitragat Tiwari, S/o. Late Narayan Tiwari (Thiwari) – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
The appellant in the present appeal preferred under the proviso to Section 372 of the CrPC is the informant of Jalalgarh PS Case No. 18 of 2009 which gave rise to the Sessions Trial No. 271 of 2010/CIS No. 2281 of 2013 in the Court of learned Additional District & Sessions Judge Sessions-III, Purnea. Respondents No. 2 and 3 in the present appeal were charged of commission of the offence punishable under Section 302/34 of the Indian Penal Code. By the impugned judgment and order dated 20.10.2022, the learned Trial Court has recorded acquittal of the said respondents No. 2 and 3 which is under challenge in the present appeal against acquittal.
2. The fardbeyan of the informant/appellant was the basis for registration of the said Jalalgarh P.S. Case No. 18 of 2009 alleging therein that on 15.02.2009 at about 04:00 pm, a co-villager of the informant, namely, Ashok Shukla had come to him and told him that the body of his brother Shyam Tiwari (the deceased) had been seen hung from a jackfruit tree in the field of one Pankaj Mishra. On the said information, the informant, his brother Sajan Tiwari, Ashok Shukla, Sudhir Yadav and many others went to the
The main legal point established in the judgment is that an appellate court should not interfere with the trial court's finding of acquittal if it appears to be a reasonably possible view based on th....
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 necessity for the prosecution to provide clear and cogent evidence in circumstantial cases, establishing guilt beyond reasonable doubt and excluding all other reasonable hypotheses.
The judgment establishes the importance of a complete chain of evidence and a clear motive in cases based on circumstantial evidence. It also highlights the significance of Section 156 (3) of Cr.P.C.....
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond all reasonable doubts, especially in cases where the timing of events and the recov....
The principle of establishing guilt beyond all reasonable doubts and the application of the benefit of doubt principle in criminal cases.
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....
The judgment emphasizes the principle that suspicion alone cannot establish guilt and highlights the requirement for a complete chain of circumstances to prove guilt beyond reasonable doubt.
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