Back
ASHUTOSH KUMAR, JITENDRA KUMAR
Vinod Sharma @ Vinod Singh, Son of Late Kamla Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Nobody has been appearing for the appellants all this while, who are father and son respectively. We, therefore, requested Sri Anil Singh, learned Advocate to be the Amicus, to which he consented and has assisted us.
2. Both the appellants have been convicted under Section 302/34 of the IPC vide judgment dated 26.09.2018 passed by the learned Fast Track Court-II, Patna in S.T. No. 893/2005/199/2018, arising out of Phulwari Sharif P.S. Case No. 372 of 2004. By order dated 28.09.2018, they have been sentenced to undergo R.I. for life.
3. One Birendra Kumar is said to have been assaulted by one Niraj Kumar, who has been declared juvenile. That led to his death.
4. The FIR was registered by the father of the deceased viz. Prahlad Sharma (P.W. 7). He has lodged the written report addressed to the Inspector-cum-officer-in-charge of Phulwari Sharif Police Station on 29.05.2004 alleging that while he was present near his house at about 2.00 P.M. in the day, appellant/Vinod Sharma @ Vinod Singh along with appellant no. 2 and his two other juvenile sons viz. Niraj Kumar and Dhiraj Kumar came and started abusing his son/Birendra Kumar (deceased). When this was prot
The prosecution failed to prove its case beyond reasonable doubt due to inconsistencies in witness testimonies and procedural lapses, leading to the acquittal of the appellants.
The principle of benefit of doubt necessitates acquittal when the prosecution fails to prove guilt beyond a reasonable doubt, especially with inconsistent eyewitness testimony.
The prosecution must prove guilt beyond reasonable doubt, and significant procedural irregularities or unreliable witness testimony can lead to an acquittal.
Familial relationships do not inherently discredit witness testimony; credible evidence can uphold a conviction despite investigative shortcomings.
The conviction upheld based on credible eyewitness testimony and medical evidence, despite the absence of independent witnesses, affirming the trial court's judgment.
The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.
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
