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VIPUL M. PANCHOLI, ANSHUMAN
Indradeo Yadav – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—Heard Mr. Ranjan Kumar Jha, learned Advocate assisted by Mr. Mirtyunjay Kumar, learned counsel for the appellant/ informant and Mr. Binod Bihari Singh, learned A.P.P for the Respondent-State.
2. The present appeal has been filed on behalf of the appellant/original informant/victim under Section 372 of the Code of Criminal Procedure, 1973, against the order of acquittal dated 07.10.2024 rendered by the learned Additional Sessions Judge XIV, Bhagalpur, in Sessions Trial No. 503 of 2017, arising out of Jagdishpur P.S. Case No. 219 of 2014, whereby the present Respondent No. 2/Original accused has been acquitted.
3. The prosecution story, in short, based on the fardbeyan of the informant is that on 17.08.2014 at about 09.30 AM, the informant, his brothers Sagar Yadav, Indradeo Yadav, Bilash Yadav, Kailash Yadav, Budhan Yadav, and Sanjay Yadav were present in their field for planting paddy crop. In the meanwhile, the FIR named accused persons Binno Yadav, Inno Yadav, Horil Yadav, Jajjan Yadav, Billo Yadav, Pankaj Yadav, Happo Yadav, Palati Yadav, Matu Yadav and Dhanji Yadav armed with deadly weapons reached there and asked them not to plant paddy in the said field, u
An appellate court must maintain double presumption of innocence in acquittal cases and should not overturn unless clear errors are present in trial court's judgment.
The principles governing appeals against acquittal emphasize the presumption of innocence and the necessity for the prosecution to prove guilt beyond a reasonable doubt, with the appellate court exer....
An appellate court must respect the acquittal by the trial court unless the judgment suffers from severe legal flaws or misinterpretations of evidence.
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
In criminal appeals against acquittal, the appellate court must not interfere unless the trial court's findings are perverse or devoid of substantial evidence, adhering to the presumption of innocenc....
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