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ASHUTOSH KUMAR, NANI TAGIA
Avinash Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – All the three appeals by three appellants have been heard together and are being disposed off by this common judgment.
2. We have heard Sri Ansul, learned Advocate for the appellants, Mr. Satish Kumar for the informant and Mr. Ajay Mishra, learned APP for the State.
3. This appeal is against judgment and order of conviction and sentence dated 18.12.2019/19.12.2019 passed by the learned Additional Sessions Judge- IInd, Sheikhpura in connection with Sessions Case No. 123 of 2016, arising out of Sheikhpura P.S. Case No. 222 of 2014, whereby the appellants have been convicted and sentenced to R.I. for life, to pay a fine of Rs. 1,00,000/- each and in default of payment of fine to further suffer R.I. for two years for the offence under Section 302 of the IPC and R.I. for life, to pay a fine of Rs. 1,00,000/- each and in default of payment of fine to further suffer R.I. for two years for the offence under Section 364 IPC.
4. The FIR has been lodged by Pratima Devi (P.W. 9), who is the mother of the deceased. On 23.06.2014, regarding the occurrence of the previous night i.e. on 22.06.2014, P.W. 9 has asserted that while she and her sister Simmi Kumari (not examined) were
The reliability of eyewitness accounts and dying declarations is crucial for a conviction under Section 302 of the IPC; discrepancies and doubts in witness testimonies can lead to acquittal.
The principle that the prosecution must prove its case beyond a reasonable doubt, and that inconsistencies in witness testimony can lead to reasonable doubt, resulting in acquittal.
Familial relationships do not inherently discredit witness testimony; credible evidence can uphold a conviction despite investigative shortcomings.
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