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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, RAMESH CHAND MALVIYA
Roshan Kumar Thakur S/o Ramesh Thakur – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. We have heard Mr. Bakshi S.R.P. Sinha, learned senior counsel assisted by Mr. Prafull Chandra Thakur, learned counsel for the appellant, Mr.Binod Murari Mishra, learned counsel for the respondent nos.2 to 4 and Mr. Manish Kumar Singh No.2, learned Addl.P.P. for the State as also perused the trial court records.
2. This appeal has been preferred for setting aside the judgment of acquittal dated 20.03.2024 (hereinafter referred to as the ‘impugned judgment’) whereby and whereunder the learned Sessions Judge,Saharsa (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit respondent nos. 2 to 4 of the charges under Sections 341 , 323, 324, 302 and 120(B) of the In- dian Penal Code (in short ‘IPC’) in connection with S.T. No. 11 of 2022 arising out of Bangaon P.S. Case No. 136 of 2021.
Prosecution case
3. The prosecution case is based on the fardbeyan of Roshan Kumar Thakur who has been examined as PW-6 in the present case. In his fardbeyan, recorded by S.H.O. of Bangaon Po- lice Station, Saharsa on 13.10.2021, the informant has stated that (i) Shankar Jha, (ii) Lakshman Jha, (iii) Suman Kumar Jha and 4-5 unknown persons of V
The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence and delayed FIR weaken the case, necessitating independent corroboration.
The prosecution must prove guilt beyond reasonable doubt in criminal cases, especially when relying on circumstantial evidence, which requires stringent adherence to established evidentiary standards....
Admissibility of electronic evidence – There is a complete procedure envisaged under Section 65-B(4) of Indian Evidence Act wherein production of certificate has been held to be mandatory with certai....
Murder – “Last seen” doctrine has limited application, where time lag between time deceased was seen last with accused and time of murder is narrow – Court should not convict an accused only on the b....
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
The prosecution must prove its case beyond a reasonable doubt in order to obtain a conviction.
Point of Law : Offence of Murder – Conviction set aside – Circumstantial Evidence – Chain of circumstances does not show link to each other.
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