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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Durga Kumar, Son of Rajaram Prajapati – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard Mr. Rajesh Kumar Mishra, learned counsel for the appellant and Mr. Dilip Kumar Sinha, learned Additional
Public Prosecutor for the State.
2. This appeal arises out of part of the judgment dated 30th Day of March, 2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-III, Aurangabad (Bihar) (hereinafter referred to as the ‘learned trial court’) in connection with Sessions Trial No. 428/2023/157/2024 arising out of Barun P.S. Case No. 115 of 2023 registered for the offences punishable under Sections 147, 148, 149, 302, 341, 323 and 324 of the Indian Penal Code (in short ‘IPC’).
Brief Facts of the Case
3. The prosecution case is based on the written application dated 11.03.2023 submitted by Durga Kumar, Son of Rajaram Prajapati who is brother of the deceased and has been examined in this case as PW-5. The informant (PW-5) has stated in the written application as under:-
On 10.03.2023 at about 03:00 PM in the afternoon, when he and Amit Kumar son of Birodhi Prajapti and Chandan Kumar Son of Rajaram Prajapati reached in between Tengra under Barun Police Station and Nawada on a motorcycle, one Rahul
The prosecution must prove guilt beyond reasonable doubt; acquittal upheld due to insufficient evidence against the accused.
The prosecution must prove guilt beyond reasonable doubt; discrepancies in witness testimonies and lack of independent corroboration led to acquittal.
The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The acquittal of the accused is sustained as the prosecution failed to establish guilt beyond reasonable doubt, highlighting the unreliability of witness testimonies and the significance of the presu....
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 ....
Prosecution must establish its case beyond reasonable doubt; lack of independent witnesses and material inconsistencies led to acquittal.
The prosecution must prove the accused's guilt beyond reasonable doubt; contradictions in witness testimonies and procedural delays can undermine the case.
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