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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Arun Kumar – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J. – The present appeal has been preferred by the appellant who is the son of the deceased Shivkumar Pati Tiwari under proviso to Section 372 of the Code of Criminal Procedure (in short ‘Cr. P.C’) for setting aside the judgment dated 17.09.2013 passed by learned Adhoc Additional District and sessions judge III, Siwan, in Sessions Trial no. 32 of 1993, G.R. No. 1628 of 1991, arising out of Ashaon Police Station Case No. 42 of 1991 dated 25.07.1991 whereby and whereunder respondent no. 2 to 5 have been acquitted of the charges under Sections 147, 148, 302/34, 201, 323, 324, 325, 307 of Indian Penal Code (in short ‘IPC’).
2. This Court heard this appeal on 21.04.2014 and dismissed it.
3. Being aggrieved by the order of dismissal of appeal dated 21.04.2014, the appellant filed an appeal before the Hon’ble Supreme Court in Cr. Appeal no 825 of 2017 in SLP (CRL) no. 8717 of 2014. The Hon’ble Supreme Court vide its judgment dated 01.05.2017 set aside the judgment of this Court and remanded the case to the High Court for hearing the appeal on merit afresh in accordance with law.
Prosecution story
4. The prosecution story is based on the fardbeyan of Uma Pati Tiwari (PW-3)
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
The prosecution bears the burden to prove its case beyond a reasonable doubt, and significant inconsistencies in witness testimony can lead to the acquittal of the accused.
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 prosecution must prove guilt beyond reasonable doubt; inconsistent eyewitness accounts can lead to acquittal.
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