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2025 Supreme(Pat) 331

IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, NAWNEET KUMAR
Ajay Kumar, Son of late Surendra Rai – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Vijay Kumar Sinha, Advocate, Mr. Arvind Sriwastav, Advocate, Mr. Satendra Bhatnagar, Advocate, Mr. Krishna Murari Prasad, Advocate, Mr. Kumar Shivam Sinha, Advocate
For the Respondent: Mr. Abhimanyu Sharma, APP

Table of Content
1. overview of the case and initial findings. (Para 1)
2. background of the murder and trial (Para 2 , 3)
3. arguments questioning witness credibility (Para 4 , 5 , 6 , 10 , 11)
4. court's evaluation of evidence disparities (Para 12 , 18 , 21 , 22 , 23)
5. court's discussion on the evidence and doubts. (Para 13 , 19)
6. court's ruling based on benefit of doubt. (Para 24)
7. conviction deemed unwarranted (Para 25)
8. judgment results and instructions (Para 26 , 27 , 28 , 29 , 30 , 31)

JUDGMENT :

(ASHUTOSH KUMAR, J.)

We have heard Mr. Vijay Kumar Sinha, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

2. One Pramod Rai was killed around 14 years ago after being dragged out of his medicine shop on 02.01.2011. The FIR was lodged by his brother/Vinod Rai(PW-6) alleging that four persons on two motorcycles had come to the shop of the deceased on 02.01.2011 at about 6 O'clock in the morning and after some conversation between the deceased and co- accused Ram Prasad, on the orders of Ram Prasad, the appellant fired at the deceased. Thereafter Ram Prasad also fired which hit the deceased in his chest, as a result of which he died instantan

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