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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Sudha Devi Wife of Doman Paswan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
Heard learned counsel for the appellants in both the appeals, Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 79 of 2017 and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 152 of 2017.
2. Both the appeals have been preferred for setting aside of the judgment of conviction dated 01.12.2016 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 06.12.2016 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions and District Judge-VIII, Begusarai (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 128 of 2015 arising out of Begusarai Muffasil P.S. Case No. 427 of 2014.
3. By the impugned judgment, both the appellants have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code (in short ‘IPC’). Raja Paswan (appellant in Cr. Appeal (DB) No. 152 of 2017) has further been convicted for the offence under Section 27 of the Arms Act. By the impugned order, they have been ordered to undergo life imprisonment under Section 302/34 IPC with a fine of Rs.5,
The prosecution must prove guilt beyond reasonable doubt; inconsistent eyewitness accounts can lead to acquittal.
The prosecution bears the burden to prove its case beyond a reasonable doubt, and significant inconsistencies in witness testimony can lead to the acquittal of the accused.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
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