Back
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
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 on fardbeyan of Ram Chandra Shah who is father of the deceased Punil Shah. In his fardbeyan recorded on 13.04.2017 at 22:50 hrs, at the parti land of Vishwanath Shah, by the Sub-inspector of Police, Hanuman Chaudhary, the informant has alleged as under :-
“On 13.04.2017 at about 4.00 PM, his son was going by his bicycle towards Kataiya Bazar for bringing vegetables but till late evening he did not return, the
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC stat....
Prosecution must prove guilt beyond reasonable doubt; failure to establish a solid evidentiary basis results in acquittal.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes every reasonable hypothesis except guilt; suspicion alone is insufficient for conviction.
The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
