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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ramesh Chand Malviya
Pramod Kumar @ Pramod Kumar Yadav, Son of Mahendra Singh @ Mahendra Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. murder charges after shooting incident (Para 2 , 3 , 4 , 5) |
| 2. trial court found inconsistencies in eyewitness accounts (Para 6 , 7 , 8) |
| 3. appellant's argument on negligence of trial court (Para 9 , 10) |
| 4. defense's claim of sufficient opportunity for prosecution (Para 12 , 13) |
| 5. court's view on procedural neglect by investigating officer (Para 15 , 16 , 18) |
| 6. legal implications and directives against the backdrop of investigative responsibility. (Para 17 , 19) |
| 7. directions for trial court procedures and actions against i.o. (Para 20 , 21 , 22) |
| 8. final directions for retrial and procedural compliance. (Para 23) |
| 9. appeal allowed and trial remanded (Para 24) |
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard Mr. Surendra Kumar Mishra, learned counsel for the appellant, Mr. Rajesh Kumar, learned counsel for the Respondent No. 2 and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.
2. This appeal has been preferred for setting aside the judgment of acquittal dated 19.10.2023 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge III, Civil Court, Bhojpur, Ara (hereinafter referred to as the ‘learned trial court’) in S
A court's acquittal is unsustainable if crucial evidence is not brought forth, particularly if the prosecution fails to examine key witnesses, indicating investigative negligence.
Trial courts must ensure the presence of key witnesses; failure to secure witness testimony can lead to acquittal despite oral evidence of injuries.
Appellate courts interfere with acquittal only if perverse or ignoring material evidence; prosecution must ensure witness production despite summons; accused statements to police inadmissible as evid....
The trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.
The prosecution must prove guilt beyond reasonable doubt; discrepancies in witness testimonies and lack of independent corroboration led to acquittal.
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