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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Gopal Ray @ Gopal Prasad Ray – Appellant
Versus
State of Bihar – Respondent
Ramesh Chand Malviya, J.—Vide order dated 19-09-2023, name of respondent no. 6 (Shiv Bachan Rai) has been deleted as he has died.
2. The present appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the judgment and order of acquittal dated 23.08.2022 passed by learned Additional District and Sessions Judge-IX, Saran at Chapra, in Sessions Trial No. 576 of 2012, arising out of Parsa P.S. Case No. 23 of 2009, whereby the concerned Trial Court has acquitted Respondent No. 2 to 5 for the offences punishable under Section 302/34 of the Indian Penal Code.
3. Heard Mr. Bashishtha Narayan Mishra, learned counsel for the appellants assisted by Mr. Avinash Ray and Mr. Vinod Bihari Singh, learned A.P.P. for the State and Mr. Raghwendra Sharan Pandey for the respondent nos. 2 to 5.
4. The prosecution story, in short, is that the present appellant filed Parsa P.S. Case no. 23 of 2009 by recording his fardbeyan before the Police for the occurrence alleged to have taken place on 26.04.2009, at about 05:30 PM when his brother went to defecate in the southern side of the house and did not came back till 08:30 PM, they started se
An appellate court may reappraise evidence in acquittal appeals but maintains double presumption of innocence, requiring clear support for findings before altering trial court decisions.
An appellate court must bear in mind that in case of acquittal, there is double presumption in favour of accused. Firstly, presumption of innocence is available to him under fundamental principle of ....
Power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on record. It can review the trial court's conclusion with respect to both facts and law, but the App....
Prosecution must establish guilt beyond reasonable doubt; contradictions in witness testimonies can lead to acquittal as per criminal law standards.
The prosecution must prove its case beyond reasonable doubt, and failure to examine key witnesses creates reasonable doubt, leading to acquittal.
In acquittal appeals, the prosecution bears the burden to prove guilt beyond reasonable doubt, with a double presumption in favor of the accused, making it difficult to overturn a trial court's acqui....
The judgment emphasizes the need for caution in evaluating evidence in a grave crime, the requirement for independent corroboration of related witnesses, and the importance of proving the plea of ali....
The prosecution failed to prove its case beyond reasonable doubt due to contradictions in eyewitness testimonies, leading to the affirmation of the trial court's acquittal.
The prosecution must prove guilt beyond reasonable doubt; acquittal upheld due to insufficient evidence against the accused.
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