Back
RAJEEV RANJAN PRASAD, G. ANUPAMA CHAKRAVARTHY
Upendra Yadav – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – The present appeal has been preferred for setting aside the Judgment of conviction and order of sentence dated 30.01.2019 and 31.01.2019 respectively passed by learned Additional Sessions Judge, Buxar in Sessions Trial no. 196/2016 arising out of Dumrao (New Bhojpur) P.S. Case no 171/2015 registered under Sections 147, 148, 149, 447, 323, 336, 337, 302 of Indian penal code (in short ‘IPC’) and Section 27 of arms act.
2. By the Judgment under appeal (hereinafter referred to as the ‘impugned Judgment’), learned trial court has convicted the appellant under Section 302 IPC and Section 27 of Arms Act and sentenced to undergo life imprisonment and fine of Rs. 25000/- under Section 302 of IPC and in default of payment of fine the appellant has to undergo imprisonment for six months and he has been been further sentenced to undergo three years rigorous imprisonment and fine of Rs. 1000/- under Section 27 of Arms Act and in default of payment of fine the appellant has to undergo three months of imprisonment. Both the sentences have been directed to run concurrently.
Prosecution story:
3. As per the prosecution story, fardbeyan of the informant Kamaldev Singh (PW -3)
Merely, because they have not been examined is not a ground to disbelieve an otherwise credible ocular account rendered by a person injured in the incident whose presence, otherwise also, is natural ....
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
Attempt to murder – Intention to kill must be apparent from act of accused.
Voluntarily causing hurt by dangerous weapons - Benefit of doubt given to accused – Conviction set aside - On account of enmity based on litigation, there are chances of developing a false case and t....
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
The main legal point established in the judgment is the reliance on credible eyewitness testimony, which was corroborated by medical evidence and surrounding circumstances, to prove the guilt of the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
