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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Rajesh Uraon, S/o. Hari Lal Uraon – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ramesh Chand Malviya, J.)
Heard learned counsel for the appellants and learned APP for 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 dated 21.02.2013 and order of sentence dated 26.02.2013 passed in Sessions Trial No. 108 of 2005, arising out of Semra P.S. Case No. 34 of 2001, by learned Additional District and Sessions Judge-II, Bagha, West Champaran (hereinafter referred to as ‘trial Court’) by which the appellants have been convicted for the offence punishable under Sections 148 , 307 and 149 of INDIAN PENAL CODE and Section 27 of the ARMS ACT and sentenced to undergo rigorous imprisonment for 1 ½ years for the offence punishable under Section 148 of INDIAN PENAL CODE and further sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 1000/- each for the offence punishable under Section 307 of the INDIAN PENAL CODE . Moreover, in default of payment of fine, they will have to suffer additional 6 months rigorous imprisonment and for offence under Section 27 (1) ARMS ACT minimum 3 years sentence is given with a directi
The prosecution must prove guilt beyond reasonable doubt; lack of key evidence undermines conviction.
The prosecution failed to establish guilt beyond reasonable doubt due to significant inconsistencies in testimonies and absence of key witnesses, leading to acquittal.
The prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
Criminal prosecution requires solid evidence, and non-examination of key witnesses by the prosecution introduces a reasonable doubt, resulting in acquittal.
Failure to adequately examine key witnesses and evidence resulted in a wrongful conviction, emphasizing the necessity for a fair process under criminal law.
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.
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