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ARVIND SINGH CHANDEL
Ranbir Yadav @ Ranvir Kumar Son of Rajdeo Yadav @ Rajdeo Prasad Singh – Appellant
Versus
State of Bihar – Respondent
ORDER :
With the consent of the both the counsel heard finally.
2. This revision has been preferred by the applicant/accused being aggrieved with the judgment dated 17.12.2022 passed by District and Sessions Judge, Jehanabad in Criminal Appeal No. 10 of 2020 whereby and whereunder the learned Sessions Judge allowed the appeal preferred by Munna Kumar (Victim of the case) and reversed the order of acquittal dated 29.01.2018 passed by S.D.J.M. Jehanabad in Trial No. 767 of 2017 arising out of Madkhdumpur P.S. Case No. 139 of 2013, G.R. No. 1061 of 2013 and convicted the applicant for the offences punishable under Sections 323, 325 and 504 of the I.P.C. and given benefit under Sections 360 and 361 of Cr.P.C. as well as Section 3/4of the Probation Of Offenders Act, 1958 released him on probation for a period of two years.
3. According to the case of prosecution, the complainant-Munna Kumar (P.W.-7) submitted his written application before the concerned S.H.O. alleging therein that on 10.05.2013, about 07:15 AM, he was returning from the School of his children on motorcycle and reached near Bajrangbali More, there P.W.-2, Sarpanch Manjhi met him. There he was talking with him. It is allege
The conviction based solely on the complainant's testimony, without corroborating evidence, is insufficient to uphold a guilty verdict.
An appellate court may not disturb a trial court's acquittal unless the latter's judgment is unreasonable or perverse, emphasizing the presumption of innocence.
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.
The appellate court upheld the trial court's acquittal, emphasizing the presumption of innocence and the necessity of compelling evidence to overturn such judgments.
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 ....
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
Appellate Court cannot overturn acquittal only on the ground that after re-appreciating evidence, it is of the view that guilt of accused was established beyond a reasonable doubt.
The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.
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