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VIPUL M. PANCHOLI, ANSHUMAN
Abhishek Singh – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—These appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 20.05.2016 and order of sentence dated 27.05.2016, passed by learned Additional District & Sessions Judge-V, Buxar in Sessions Trial No.82/2012 (CIS No.47/15), arising out of Brahmpur P.S. Case No.38/12, whereby the court has convicted all the appellants for the offences punishable under Sections 302/149 and 307/149 of the Indian Penal Code, appellant Ashok Singh has also been convicted for the offence punishable under Section 326 of the Indian Penal Code and appellants, namely, Shekhar Singh @ Chandrashekhar Singh, Abhishek Singh and Vinod Singh have also been convicted for the offence punishable under Section 27 of the Arms Act and all the appellants have been sentenced to undergo R.I. for life and to pay a fine of Rs.50,000/- (Rs. Fifty Thousand) each for the offences punishable under Sections 302/149 of the Indian Penal Code and in default of payment of fine, it will be recovered against them as revenue arrears. Appellants Shekhar Singh @ Chandrashekhar Singh, Abhishek Singh and Vinod Singh ha
The conviction upheld based on credible eyewitness testimony and medical evidence, despite the absence of independent witnesses, affirming the trial court's judgment.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to the acquittal of the accused.
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
The prosecution must prove the accused's guilt beyond reasonable doubt, and any reasonable doubt leads to acquittal.
Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
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....
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