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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Mira Yadav @ Ram Rup Yadav – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J. – Heard the parties.
2. All these three appeals have arisen out of the same judgement hence, they are being decided together by a common judgement.
3. These appeals have been preferred against the judgement of conviction dated 25.03.2021 and order of sentence dated 26.03.2021 passed by learned Fast Track Court-I, Bhabua in Sessions Trial Case No. 205/ 2008, arising out of Adhaura P.S. Case No. 32/ 2004, whereby the appellant, Mewalal Kharwar has been convicted for the offences punishable under section 302 of the Indian Penal Code (in short IPC) and under Section 27 of Arms Act and sentenced to undergo life imprisonment with a fine of Rs. Two lacs for the offence punishable under Section 302 of the IPC and in default of payment of fine, to further undergo simple imprisonment of one year and for the offence under Section 27 of Arms Act he has been sentenced to undergo rigorous imprisonment of five years with a fine of Rs. 20,000/- and in default of payment of fine, to further undergo simple imprisonment of six months. The other appellants have been convicted under Section 302 with the aid of section 120B of the IPC and sentenced to undergo life imprisonment with a
The court established that eyewitness testimony from related witnesses can be credible and sufficient for conviction, provided it is consistent and corroborated by other evidence, and that the absenc....
The conviction was overturned due to insufficient evidence and inconsistencies in witness testimonies, affirming that convictions must be based on reliable and corroborative evidence beyond a reasona....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
The prosecution must establish charges beyond reasonable doubt, and contradictions in witness testimony and failure to seize crucial evidence can lead to the acquittal of the accused.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
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