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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Ranjan Singh, S/o. Late Lal Babu Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAMESH CHAND MALVIYA, J.)
Heard Mr. Vinay Kirti Singh, learned Senior Advocate for the appellant assisted by Mr. Akhileshwar Singh and Mr. Ventatesh Kirti and Ms. Anita Kumari Singh, learned APP for the State.
2. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the judgement of conviction dated 28.02.2013 and order of sentence dated 05.03.2013 passed in Sessions Trial No. 473 of 2007 in connection with Agiaon Bazar P.S. Case No. 71 of 2005 dated 21.12.2005 passed by, Adhoc Addl. Sessions Judge Ist (FTC), Ara, whereby and whereunder the appellant have been convicted for the offence under Section 307 of INDIAN PENAL CODE and under Section 27 of the ARMS ACT and sentenced to undergo rigorous imprisonment for a period of ten years and imposed a fine of Rs. 10,000/- for the offence punishable under Section 307 INDIAN PENAL CODE and on failure of payment of fine, the appellant will further sentence to simple imprisonment for three months, and for offences punishable under Section 27 of the ARMS ACT he has been further sentenced to undergo rigorous imprisonment for three years and to pay
Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The court emphasized the necessity of reliable witness testimony and corroborative evidence in criminal cases, particularly where previous enmity exists, leading to the appellant's acquittal.
Attempt to murder – Intention to kill must be apparent from act of accused.
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