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ASHUTOSH KUMAR, ALOK KUMAR PANDEY
Hakim Mia @ Hakim Mian S/o Late Guljan Mian – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Ashutosh Kumar, J.
We have heard Mr. Prince Kumar Mishra, learned Amicuson behalf of the appellant, and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.
2. The appellant stands convicted under Section 302 of the I.P.C. vide judgment dated 08.01.2016 passed by the 3rd Additional Sessions Judge, Bagaha, West Champaran in Sessions Trial No. 270 of 2014 / CIS No. IPC-5034 of 2014 and vide order dated 13.01.2016, he has been sentenced to undergo R.I. for life, to pay fine of Rs.10,000/-and in default of payment of fine, to further suffer rigorous imprisonment for a period of one year.
3. Two brothers have been killed by the appellant, who is the own brother of the two deceased. As the prosecution story goes, the Informant (PW-3), who is the wife of one of the deceased/Sagir Mian, lodged a Fardbeyan on 14.06.2013 at the place of occurrence, which is in village Ranglalhi, in the district of West Champaran that while her husband (late Sagir Mian) was carrying out construction of a house under the Indira Awas Scheme on the family land allocated in his share, the appellant, who is the own brother of the two deceased came and took away the spade from Sagir and
The court established that intention to kill can be inferred from the nature of the weapon used and the manner of the attack, affirming that the use of a deadly weapon in a violent context supports a....
The court established that the failure to communicate material circumstances to the accused during trial can lead to a miscarriage of justice, necessitating acquittal if the prosecution's case is not....
The principle of benefit of doubt necessitates acquittal when the prosecution fails to prove guilt beyond a reasonable doubt, especially with inconsistent eyewitness testimony.
The prosecution failed to prove its case beyond reasonable doubt due to inconsistencies in witness testimonies and procedural lapses, leading to the acquittal of the appellants.
The reliability of eyewitness accounts and medical evidence in cases of direct evidence, and the diminished significance of motive in such cases.
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.
It is settled law that retaliation has to be proportionate to provocation.
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