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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Vijay Singh, Son of Khokhai Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard Mr. Pratik Mishra, learned Amicus Curiae on behalf of the appellant and Mr. Dilip Kumar Sinha, learned Additional P.P. for the State.
2. This appeal has been preferred for setting aside the judgment of conviction dated 25.05.2017 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 30.05.2017 (hereinafter referred to as the ‘impugned order) passed by learned Sessions Judge, Katihar (hereinafter referred to as ‘trial court’) in Sessions Trial No. 30 of 2016 arising out of Pranpur P.S. Case No. 103 of 2015 registered under Section 302 of the Indian Penal Code (in short ‘IPC’) whereby and whereunder the learned Sessions Judge has been pleased to convict the appellant for the offences punishable under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, the convict has to undergo further sentence of simple imprisonment for a period of six months.
Prosecution Story
3. The prosecution case is based on the written report submitted by one Pyare Lal Singh (PW-2) who is the son of the deceased. In his written report (Exhibit ‘5’),
The prosecution must prove its case beyond reasonable doubt; inconsistencies in eyewitness testimony and failure to examine material witnesses led to the appellant's acquittal.
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
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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