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ASHUTOSH KUMAR, KHATIM REZA
Dhiraj Kumar @ Dhiraj Kumar Mandal, S/o Sri Vijay Mandal @ Vijay Kumar Mandal – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
Both the appeals have been taken up together and are being disposed off by this common judgment.
2. We have heard Mr. Syed Ashfaque Ahmad, the learned Advocate for appellant/Dhiraj Kumar @ Dhiraj Kumar Mandal in Cr. Appeal (DB) No. 536 of 2021 and Mr. Kedar Jha & Mr. Arun Kumar, the learned Advocates for the appellants/Chandan Das @ Chandan Kumar Das and Md. Ashraf in Cr. Appeal (DB) No. 811 of 2021 respectively.
3. The State, in the both the appeals, has been represented by Mr. Abhimanyu Sharma, the learned Addl. Public Prosecutor.
4. All the three appellants in the two appeals have been convicted for the offences under Sections 364, 302, 201 and 120(B) read with Section 34 of the Indian Penal Code (in short the IPC) vide judgment dated 29.06.2021 passed by the learned 2nd Addl. Sessions Judge, Darbhanga in Sessions Trial No. 442 of 2018, arising out of Laheriasarai (Benta O.P.) P.S. Case No. 34 of 2018. By order dated 12.07.2021, they all have been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/-each and in default of payment of fine, to further suffer R.I. for a period of one year for the offence under Section 302 of the IPC
The prosecution must prove guilt beyond a reasonable doubt; mere suspicion or prior enmity is insufficient for conviction.
The standard of proof for convicting a person of murder requires complete and conclusive evidence, and the prosecution must establish that the deceased 'must have' been killed by the accused.
The reliability of eyewitness accounts and dying declarations is crucial for a conviction under Section 302 of the IPC; discrepancies and doubts in witness testimonies can lead to acquittal.
The mere recovery of a body from an accused's statement is insufficient for conviction under murder charges; corroborative evidence is essential.
The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
The conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of....
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