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ASHUTOSH KUMAR, JITENDRA KUMAR
Rakesh Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present appeal has been preferred against the impugned judgment and order of sentence dated 08.09.2017 and 12.09.2017 respectively passed by Ld. 1st Additional Sessions Judge Bagha, West Champaran in Sessions Trial No. 178 of 2015 (C.I.S. No. 2826 of 2015) arising out of Chautarwa P.S. Case No. 275 of 2013, whereby only respondent no. 2 viz., Sheshnath Chaudhary has been found guilty only under Section 304 Part II of the Indian Penal Code and other accused including the respondent no. 3 were acquitted of all the charges. By the impugned order of sentence, the sole convict, who is respondent no.2/Sheshnath Chaudhary, was sentenced to the period undergone during trial and during trial, the respondent no. 2 suffered incarceration for 3 years 7 months and 11 days.
2. The prosecution case as emerging from the written report of the informant (PW-6) is that on 09.11.2013 at 12:30 AM, the informant had come to his village with all the family members on the occasion of chhath puja. As per the allegation, all the accused persons including the respondent nos. 2 and 3 started dismantling the tarpaulin (tat) from the land of the informant. Brahma Prasad Srivastava, father
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The main legal point established in the judgment is the court's reliance on the evidence presented by the prosecution to uphold the conviction of the appellants under Section 324 and 325 of the IPC.
The acquittal was upheld due to the prosecution's failure to establish guilt beyond reasonable doubt, emphasizing the presumption of innocence and the need for credible evidence.
The appellate court must uphold acquittals unless there is clear error in the trial court's evaluation of evidence, respecting the presumption of innocence.
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