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ASHUTOSH KUMAR, JITENDRA KUMAR
Shashi Bhushan Yadav @ Holi Yadav, son of Krishna Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Jitendra Kumar, J.)
The present appeal has been preferred against the impugned judgment of conviction and order of sentence dated 10.07.2018 and 12.07.2018, respectively passed by Ld. Additional Sessions Judge-I, Danapur, Patna in connection with Sessions Trial No. 230 of 2017, arising out of Bihta P.S. case No. 840 of 2016 dated 31.10.2016, whereby the sole appellant has been found guilty of offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence Punishable under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently.
2. The FIR bearing Bihta P.S Case No. 840 of 2016 was registered on 31.10.2016 at 17:45 O’clock on the written report of the informant against three accused persons namely, Shashi Bhushan Yadav @ Holi Yadav, Krishna Yadav and Sonu Kumar for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case as per the written report of the Informant dated 31.1
The court affirmed that the prosecution must prove its case beyond reasonable doubt, and testimonies of interested witnesses can be credible if corroborated by medical evidence.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
Eyewitness testimony holds credibility even when minor contradictions exist; motive for crime established through related witness accounts legitimizes conviction under Section 302 IPC.
The court affirmed that eyewitness testimony from related witnesses can be credible, and minor discrepancies do not undermine the prosecution's case if the core facts are established beyond reasonabl....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
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