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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Mahesh Choudhary, Son of Late Jageshwar Chaudhary – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Ramesh Chand Malviya, J.)
Learned senior counsel appearing on behalf of the appellant has submitted that Ganesh Choudhary, has died during the pendency of this appeal.
2. Accordingly this appeal qua appellant No. 2 Ganesh Choudhary, stands abated.
3. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the judgment of conviction dated 08.04.2019 and order of sentence dated 10.04.2019 passed in Sessions Trial No. 387 of 2005 (arising out of Patory P.S. Case No. 142 of 2002, by learned Additional Sessions Judge-3rd, Samastipur by which the appellants/accused have been convicted for the offences punishable under Sections 341, 342, 328, 302, 120B of Indian Penal Code and sentenced to undergo simple imprisonment for life.
4. Heard Mr. Ramakant Sharma, learned senior counsel for the appellants assisted by Mr. Suneil Kumar Thakur, Mr. Amresh Kumar, Ms. Khusi Awadh, Mr. Jitendra Narain Sinha and Mr. Sujit Kumar Singh, learned A.P.P. for the respondent-State.
5. The brief facts leading to the filing of the present appeal as per the prosecution version in brief is that the instant case initia
The prosecution must prove its case beyond reasonable doubt, and failure to examine key witnesses creates reasonable doubt, leading to acquittal.
The prosecution must prove the guilt of the accused beyond reasonable doubt, and any failure in procedural fairness, particularly in the examination of the accused, can lead to the quashing of a conv....
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
Point of Law : It is open to a competent court to fully and completely rely on a solitary witness and record conviction, if the quality of the witness makes the testimony acceptable.
Non-examination of Investigating Officer would not ipso facto discredit entire case of prosecution – However, right of accused to bring on record, contradictions in statement of witnesses made before....
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