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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Murari Singh S/o Shashi Bhushan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
1. All the three appeals have been taken up together for hearing and are being disposed off by this common judgment.
2. Mr. Ajay Kumar Thakur, the learned Advocate has appeared on behalf of all the appellants, whereas the State has been represented, in all the appeals, by Mr. Dilip Kumar Sinha, the learned Addl. Public Prosecutor.
3. These appeals are directed against the judgment and order of conviction and sentence dated 23.05.2018 and 26.05.2018 respectively, passed by the learned Sessions Judge, Sitamarhi in Sessions Trial Nos. 24 of 2016 + 489 of 2015, arising out of Majorganj P.S. Case No. 13 of 2015, holding the appellants to be guilty under Sections 302 and 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959 and they have been sentenced to undergo imprisonment for life for the offence under Sections 302 and 307 read with Section 34 of the I.P.C. However, no separate sentence has been awarded under Section 27 of the Arms Act, 1959.
4. The appellant/Murari Singh [Cr. Appeal (DB) No. 1050 of 2018] is said to have killed his cousin/Pankaj Kumar Singh, whereas the appellant/Govind Singh [Cr. Appeal (DB) No. 903 of 2018]
The court acquitted the appellants due to insufficient evidence and inconsistencies in witness testimonies, emphasizing the need for credible proof in criminal convictions.
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
The court affirmed the conviction for murder based on consistent eyewitness testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.
The court emphasized the prosecution's burden to prove its case beyond reasonable doubt, leading to the acquittal of the accused due to substantial doubts regarding the credibility of witness testimo....
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
The court established that inconsistencies in eyewitness testimonies and lack of corroborative evidence warrant acquittal in murder cases, highlighting the benefit of doubt principle.
The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
The conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of....
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