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RAJEEV RANJAN PRASAD, G. ANUPAMA CHAKRAVARTHY
Sahita Devi, W/o. Visnath Yadav @ Vishwanath Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard Mr. Mukesh Kumar Jha, learned counsel for the appellant, Mr. Satya Narayan Prasad, learned Additional Public Prosecutor for the State and Mr. Pramod Mishra, learned counsel for the Respondent Nos. 2, 3 and 5 as also Mr. Suraj Kumar, learned counsel for the Respondent No. 4.
2. This appeal against acquittal has been preferred by the informant-appellant for setting aside the judgment dated 16.03.2024 (hereinafter referred to as the ‘impugned judgment’) passed by the learned Additional Sessions Judge-III, Madhepura (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 206 of 2021 arising out of Murliganj P.S. Case No. 368 of 2020. By the impugned judgment, the learned trial court has been pleased to acquit respondent nos. 2 to 5 of the charges under Sections 341, 323, 379, 307, 325, 326/34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act.
Prosecution Case
3. As per the prosecution case, on 26.11.2020 at about 07:00 AM, the son of the informant, namely, Rajeev Kumar Yadav went to Pratap Nagar Jhakran Rajni G.P. on motorbike to bring labourers for cultivating wheat. The informant alleged that she a
The prosecution must prove guilt beyond reasonable doubt; discrepancies in witness testimonies and lack of independent corroboration led to acquittal.
The prosecution must prove guilt beyond reasonable doubt; acquittal upheld due to insufficient evidence against the accused.
Prosecution must establish its case beyond reasonable doubt; lack of independent witnesses and material inconsistencies led to acquittal.
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.
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
(1) Murder – In a situation when there is a group attack which lasted for only a few minutes, it is unreasonable to expect an eye-witness to recount each fact in mathematical detail.(2) Defective inv....
The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.
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