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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Ashok Mahto @ Ashom Mahto, S/o. Muso Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAMESH CHAND MALVIYA, J.)
Heard learned counsel for the appellant and learned APP on behalf of the State.
2. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) challenging the judgment of conviction and order of sentence dated 23.01.2013 passed in Sessions Trial No. 594 of 2011 / 161 of 2012, arising out of Tikkapatti P.S. Case No.16 of 2011 (G.R. No. 722 of 2011), by learned Additional Sessions Judge-VIII, Purnea by which the appellants have been convicted for the offence punishable under Sections 447 , 307 and 504/34 of INDIAN PENAL CODE , where, appellant has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/- each for the offence punishable under Section 307 and in default of payment of fine he has to undergo simple imprisonment for three months and one year imprisonment for the offence punishable under Section 504 of the INDIAN PENAL CODE and three year simple imprisonment for the offence punishable under Section 504 of the INDIAN PENAL CODE and a fine of Rs. 500 under Section 27 of the ARMS ACT with a direction that all sentences shall run concurren
The prosecution must prove guilt beyond a reasonable doubt; eyewitness identification and medical corroboration affirmed the conviction under various sections of the IPC and Arms Act.
Inconsistencies in witness testimonies led to the acquittal of the appellant, as the prosecution failed to prove the charges beyond reasonable doubt.
The testimony of family members is credible and should not be dismissed solely due to their relationship with the victim, especially in the absence of independent witnesses.
Attempt to murder – Intention to kill must be apparent from act of accused.
The prosecution must prove guilt beyond a reasonable doubt; insufficient evidence and contradictions in witness statements led to acquittal.
The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, leading to acquittal.
The prosecution must prove guilt beyond reasonable doubt; lack of key evidence undermines conviction.
The court emphasized that a single credible witness's testimony is sufficient for conviction, even with investigative lapses, provided it establishes the prosecution's case beyond reasonable doubt.
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