RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Rahman – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J. – Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the appellants and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.
2. The instant appeal has been directed against the judgment of Conviction dated 03.06.2017 and Order of Sentence dated 09.06.2017 passed by the learned Sessions Judge, Katihar in Sessions Trial No. 143/2015 arising out of Mansahi P.S. Case No. 05/2015 whereby and whereunder both the appellants have been held guilty for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and accordingly the appellants have been convicted and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/- and in failure to deposit the fine, they have been directed to further undergo additional simple imprisonment for a period of six months.
Prosecution Story:
3. On 10.01.2015 in the morning, the informant, who is stated to be brother of the deceased, got the information through a mobile communication that his sister named Noor Jahan Khatoon (hereinafter referred to as ‘victim’) had been killed, thereafter he went to the place of occurrence a
The importance of proving guilt beyond all reasonable doubt in cases relying on circumstantial evidence.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
It is possible that passion was running very high between the parties and when the quarrel between the two appellants and the deceased as well as his wife was going on in the courtyard of the house o....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
The burden of proving specific intention falls onto the individual, and in a case based on circumstantial evidence, an evasive or untrue response from the accused becomes an additional link in the ch....
A conviction under Section 302 IPC can be upheld based solely on the testimony of the informant if corroborative evidence exists, even in absence of independent witnesses.
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