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VIPUL M. PANCHOLI, ANSHUMAN
Suchit Mandal @ Sujeet Mandal – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—Both these appeals arise out of common impugned judgment of conviction dated 10.05.2016 and order of sentence dated 18.05.2016 passed by learned Additional District and Sessions Judge-1st, Bhagalpur in Sessions Trial No. 310 of 2008, arising out of Sanhaula P.S. Case No. 02 of 2007. Both these appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’), whereby the concerned Trial Court has convicted and sentenced the present appellants for the offences punishable under Section 302/34 of the Indian Penal Code and also imposed a fine of Rs. 2 lakhs each and, on failure to deposit the same, further 2 years imprisonment has to be served. As the impugned judgment and order is common, learned counsels appearing for the parties jointly requested that both these appeals be heard together and be disposed of by common judgment.
2. The prosecution story, in a nutshell, is as under:—
2.1. The informant has stated, in his fardbeyan, that on 01.01.2007, at about 06:30 in the evening, he was sitting in the courtyard in the sunlight. At that time, from the direction of Gerua River, Rishi Mandal, Bhola Mandal, Vidya Mandal and
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 its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
The reliability of witnesses and the sufficiency of evidence are crucial in proving a case beyond reasonable doubt.
The prosecution must prove charges beyond reasonable doubt; unreliable eyewitness testimony, especially from near relatives, cannot substantiate a conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
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