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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Mukesh Kumar @ Tuntun @ Rajvir @ Tuntun Yadav S/o Veda Nand Yadav – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Vipul M. Pancholi, J.
These appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 19.08.2017 and order of sentence dated 21.08.2017, passed by learned 1st Additional District & Sessions Judge, Naugachia in S.T. No.5/17 (Trial No.815/17), arising out of Naugachia P.S. Case No.149/16 dated 20.08.2016 whereby the court has convicted all the appellants for the offences punishable under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code as well as under Section 27 of the Arms Act and they have been sentenced to undergo imprisonment for life and also to pay fine of Rs.25,000/- each for the offences punishable under Sections 302/149 read with Section 120(B) of the Indian Penal Code. The appellants have further been sentenced to undergo R.I. for a period of three years for the offence punishable under Section 148 of the Indian Penal Code. The appellants have again been sentenced to undergo R.I. for a period of five years and also to pay fine of Rs.5000/- for the offence punishable under Section 27 of the Arms Act. In case of default of payment of fine, awarded as
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.
The prosecution failed to prove the appellant's guilt beyond reasonable doubt due to contradictions in witness testimonies and lack of corroborative evidence.
(1) Number of witnesses – There is no legal impediment in convicting a person on sole testimony of a single witness – But if there are doubts about testimony courts will insist on corroboration.(2) M....
1) When there is similar or identical evidence of eyewitnesses against two accused by ascribing them same or similar role, court cannot convict one accused and acquit other.(2) In cases where injurie....
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
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....
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