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VIPUL M. PANCHOLI, ANSHUMAN
Amar Yadav – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—Both the 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 24.05.2018 and order of sentence dated 25.05.2018, passed by the court of F.T.C.-1st., Khagaria in Sessions Case No.170 of 2015, Trial No.409/2017, arising out of Alauli P.S. Case No.103 of 2015, G.R. No.1182 of 2015, whereby the court has convicted the appellants for the offences punishable under Sections 302/34 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 to pay a fine of Rs.10,000/- (Rs. Ten Thousand only) each for the offence punishable under Sections 302/34 of the Indian Penal Code and in default of payment of fine, the appellants have to undergo S.I. for a period of one year. The appellants are further sentenced to undergo R.I. for five years for the offence punishable under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently.
2. The factual matrix of the present case is as under:—
2.1. Fardbeyan of Pramod Ram came to be recorded on 07.05.2015 at 13:00 hours at village
The court holds that the prosecution failed to prove guilt beyond reasonable doubt due to significant contradictions in eyewitness accounts and absence of supporting medical evidence, warranting acqu....
The prosecution must prove charges beyond reasonable doubt; unreliable eyewitness testimony, especially from near relatives, cannot substantiate a conviction.
The reliability of witnesses and the sufficiency of evidence are crucial in proving a case beyond reasonable doubt.
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and inconsistencies in witness testimonies can lead to the acquittal of the accused.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
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