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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Vijay Singh – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”), arise out of the same judgment of conviction and the order of sentence dated 25.8.2017 and 29.8.2017 respectively, passed in Sessions Trial No. 83 of 2014 (arising out of Sikarahta P.S. Case No. 75 of 2013) by the learned Court of 2nd Additional Sessions Judge, Bhojpur at Ara (hereinafter referred to as “the learned Trial Judge”), hence these Appeals have been heard together and are being disposed off by the present common judgment and order. By the said judgment, the learned Trial Judge has convicted the Appellant No. 1 of the first case and the sole appellant of the second case under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “the I.P.C.”) while the Appellant No. 2 of the first case has been convicted under Section 302/34 of the I.P.C. and all the appellants of the aforesaid appeals have been sentenced to undergo imprisonment for life with fine of Rs. 5,000/- and in default of payment of the same, they have been directed to undergo further three months simple imprisonment.
2. Short facts of the
The conviction based on the testimony of a sole injured eyewitness is valid if the testimony is credible and minor discrepancies do not overshadow the overall evidence supporting the charges of murde....
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guil....
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The prosecution must establish the credibility of evidence and corroborate testimonies with medical evidence; failure to do so results in reasonable doubt and reversal of conviction.
Reliable eye-witness testimony of natural witnesses, consistent with medical evidence and prompt FIR, sustains murder conviction under 302/34 IPC despite alleged enmity.
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