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2025 Supreme(Pat) 334

IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ashok Kumar Pandey
Ram Chandra Sahu @ Ram Chandra Sah Son Of Late Babu Lal Sahu @ Late Babu Lal Sah – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tej Pratap Singh, Advocate, Mr. Yash Singh, Advocate
For the Respondent: Mr. Ajay Mishra, APP
For the Informant :Mr. Deovind Kumar Singh, Advocate, Mr. Devendra Kumar, Advocate

Table of Content
1. prosecution case and evidences (Para 3 , 4 , 5 , 6)
2. learned trial court's findings (Para 8 , 9 , 10 , 11 , 12 , 13)
3. arguments for the appellant (Para 14 , 15 , 16)
4. arguments for the respondent (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. principles of circumstantial evidence (Para 31 , 32)
6. insufficient evidence for conviction (Para 34 , 35 , 36)
7. dismissal of the appeal (Para 37 , 38)

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellant, the informant- appellant, the respondent No.2 and the learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 19.05.2023 (hereinafter referred to as the ‘impugned judgment’) passed by the learned Additional Sessions Judge- IXth court, Madhubani (hereinafter referred to as the ‘learned trial court’) in connection with Sessions Trial No. 36 of 2018, arising out of Bisfi (Patauna OP) P.S. Case No. 83 of 2017. The learned trial court has been pleased to acquit the sole accused-respondent No.2 of the charges under Sections 302 , 201 and 34 of the INDIAN PENAL CODE (in short ‘I.P.C.’).

Prosecution Case

3. The prosecution case is based


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