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ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Nikesh Dubey – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—The afore-captioned eight appeals have been heard together and are being disposed of by this common judgment.
2. We have heard Mr. Surendra Singh, Senior Advocate and Mr. Ajay Kumar Thakur; Mr. Sunil Kumar Pathak; Mr. Ashhar Mustafa and Mr. Pratik Mishra, Advocates for the appellants. The State is represented by Mr. Abhimanyu Sharma, Mr. Dilip Kumar Sinha, Mr. Satya Narayan Prasad, Mr. Mayanand Jha and Mr. Ajay Mishra, the learned APPs.
3. The appellants/Nikesh Dubey, Mukesh Pathak and Vikash Jha have been convicted under Sections 302, 387/109, 386/116 and 120B of the IPC and Section 27(2) of the Arms Act vide judgment dated 26.02.2018 passed by the learned Additional Sessions Judge-V, Darbhanga, in connection with Sessions Trial No. 146 of 2016, arising out of Baheri P.S. Case No. 270 of 2015. By the same judgment, appellants/Munni Devi, Pintu Lal Dev, Sanjay Lal Dev, Pintu Jha and Pintu Tiwari have been convicted under Sections 302/109, 387/109, 386/116 and 120B of the IPC. By order dated 07.03.2018, they have been sentenced to undergo R.I. for life for the offence under Section 302 of the IPC. The appellants have also been sentenced for rest of the offences. The
Long delay in holding test identification parade will weaken prosecution case.
(1) Conviction in a criminal trial is required to be certain and not doubtful. Burden of proof of guilt of accused is upon prosecution. It must stand by itself. (2) Cr.P.C does not oblige investigati....
where a large number of accused alleged to have participated in the incident and several persons have seen the incident, it would not be unreasonable or irrational to adopt the test that conviction c....
The reliability of eye-witness testimonies and the test identification parade in establishing the guilt of the accused.
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