ASHUTOSH KUMAR, JITENDRA KUMAR
Shambhu Yadav, S/o. late Chhedi Yadaav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
All the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 22.04.2019 and 26.04.2019 respectively, passed by learned Additional Sessions Judge, FTC-II, West Champaran at Bettiah, in Sessions Trial No. 418 of 2017 arising out of Sathi P.S. Case No. 118 of 2016, whereby all six appellants have been found guilty for the offence punishable under Sections 147 and 302/149 of the Indian Penal Code. Appellant/Garjan Yadav has been further found guilty under Section 148 of the Indian Penal Code and Appellant/Dhruv Yadav has been further found guilty under Section 27 of the Arms Act. All the appellants have been sentenced to undergo rigorous imprisonment for one year under Section 147 of the Indian Penal Code and to undergo life imprisonment and to pay a fine of Rs.5,000/- each under Section 302 of the Indian Penal Code. Appellant Garjan Yadav has been further sentenced to rigorous imprisonment for two years under Section 148 of the Indian Penal Code and appellant Dhruv Yadav has been further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs
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The court affirmed that eyewitness testimony, even from relatives, can be credible and sufficient to establish guilt beyond reasonable doubt in murder cases.
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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