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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Rabindra Yadav, Son of Jay Ram Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
Heard Mr. Prashant Kumar, learned counsel for the appellant, Mr. Y. C. Verma, learned Senior Counsel assisted by Mr. Ajay Kumar Pandey, learned counsel for the Respondent Nos. 2 to 4 and Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State.
2. The present appeal has been preferred by the informant who is aggrieved by and dissatisfied with the judgment dated 16.09.2019 (in short ‘impugned judgment’) passed by learned Additional Sessions Judge-IV, Siwan (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 516 of 2017 arising out of Siwan G.B. Nagar P.S. Case No. 32 of 2015. By the impugned judgment, the learned trial court has been pleased to acquit the accused persons of the charges under Section 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code (in short ‘IPC’).
Brief Facts of the Case
3. The prosecution case is based on the written report dated 01.12.2015 submitted by Ravindra Yadav wherein he has alleged as under:-
The informant has alleged that on 01.12.2015 at about 03:00 pm in the evening, he was at his chimney when (1) Mohan Yadav, (2) Balindra Yadav, (3) Mahesh Yadav (Respondent Nos. 2
The failure to summon all prosecution witnesses constitutes a denial of fair trial, rendering the acquittal perverse and necessitating a retrial.
A court's acquittal is unsustainable if crucial evidence is not brought forth, particularly if the prosecution fails to examine key witnesses, indicating investigative negligence.
Trial courts must ensure the presence of key witnesses; failure to secure witness testimony can lead to acquittal despite oral evidence of injuries.
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
The accused's right to fair and speedy trial and the prosecution's responsibility to secure witnesses.
The trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.
The Trial Court has ample/wide power to summon any material witness or person for examination or re-examination in exercise of its power conferred upon it under Section 311 Cr.P.C. and this discretio....
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