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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Prabha Devi – Appellant
Versus
State of Bihar – Respondent
Soni Shrivastava, J. – The present appeal under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as the ‘Cr.P.C.) has been preferred against the judgment and order of conviction and sentence dated 29.06.2025 passed by the court of learned Additional District and Sessions Judge-III, Purnea in Sessions Case No.1074 of 2007, arising out of Rauta (Angarh) P.S. Case No.27 of 2007 dated 27.06.2007, whereby and whereunder the sole appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and she has been sentenced to undergo rigorous imprisonment for life with fine of Rs.50,000/- and in default thereof she has been directed to undergo simple imprisonment for six months.
2. The short facts of the case arising out of the First Information Report based on the fardbeyan of the informant Prem Lal Harijan (PW-4) recorded on 27.06.2007 at 10.30 AM, is that on 26.06.2007, the informant had gone to Majhgawan haat (market) along with his father Mahesh Lal Harijan (deceased) at 4.00 PM and his father after taking kerosene oil from the dealer, gave it to the informant and asked him to wait
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
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Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.
(1) Child witness – Evidence of a child witness for all purposes is deemed to be on same footing as any other witness as long child is found to be competent to testify.(2) Murder of wife and disappea....
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