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G. ANUPAMA CHAKRAVARTHY
Haricharan Ram – Appellant
Versus
State of Bihar – Respondent
G. Anupama Chakravarthy, J.—The criminal appeal is filed against the judgment and order dated 08.12.2003, passed by the Adhoc Sessions Judge, Ist Fast Track Court, Siwan, in Sessions Trial No. 116 of 1985/140 of 2001, arising out of Case No. 48 of 1984 of Maharajganj PS, whereby the appellant No. 1 was convicted under Sections 148 and 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years. Further, appellants Nos. 2 and 3 were convicted under Sections 147 and 323 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year each.
2. As there is no assistance from the counsel for the appellants, this Court is constrained to appoint Ms. Rishika Jha as Amicus Curiae to assist the Court and has also called for a report from the Superintendent of Police, Siwan, to verify whether the appellants are alive or not? The Court has received a letter dated 23.12.2024 from the Superintendent of Police, Siwan, informing the Court that appellant No. 1, Haricharan Ram, passed away five years ago. The letter is accompanied with the report from the Mukhiya, confirming the death of the 1st appellant. Therefore, c
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
Prosecution must provide reliable evidence, including original injury reports, to establish guilt beyond reasonable doubt; inconsistencies and lack of corroborating evidence may lead to acquittal.
The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.
The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.
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