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ASHUTOSH KUMAR, PARTHA SARTHY
Yogendra Singh, Son of Late Ramashray Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Heard Ms. Roona for the appellant and Mr. Sujit Kumar Singh for the State.
2. This appeal is directed against the judgment and order of conviction and sentence dated 09.01.2019 and 10.01.2019 respectively, passed by the learned Fast Track Court No. 1, Jehanabad in Sessions Trial Nos. 35 of 2001/285 of 2017, arising out of Rampur Chauram (Arwal) P.S. Case No. 64 of 1999, whereby the appellant has been convicted under Sections 302 and 201 of the I.P.C. and has been sentenced to undergo R.I. for life, to pay a fine of Rs. 5000/-and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 302 of the I.P.C. and to undergo R.I. for three years, to pay a fine of Rs. 3000/-and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 201 of the I.P.C. The sentences have been ordered to run concurrently.
3. The appellant is the husband of the deceased.
4. According to the prosecution case lodged by the father of the deceased, namely, Kedar Singh, who has been examined as P.W. 4 at the trial, the deceased was married to the appellant seven years ago. During the subsistence of
The benefit of doubt must be given when the identification of crucial evidence is doubtful and key witnesses are not examined, as it affects the burden of proof.
Murder conviction on circumstantial evidence requires complete unbroken chain excluding innocence; absent proof of foundational facts like last seen together and court direction, appellants entitled ....
The standard of proof for convicting a person of murder requires complete and conclusive evidence, and the prosecution must establish that the deceased 'must have' been killed by the accused.
The judgment emphasizes the importance of credible evidence and the burden of proof on the prosecution in criminal cases.
The court upheld the conviction for murder based on circumstantial evidence, establishing the accused's guilt through a combination of testimonies, confessional statements, and lack of viable alterna....
The prosecution must prove guilt beyond reasonable doubt in homicide cases, relying on clear circumstantial evidence while providing plausible alternative explanations.
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