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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHUTOSH KUMAR, RAJESH KUMAR VERMA
Abhay Kumar @ Abhay Sahni, S/o Ram Babu Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(ASHUTOSH KUMAR, J.)
Both the appeals have been taken up together for hearing.
2. We have heard Mr. Sanjay Singh, the learned Senior Advocate for appellants/Abhay Kumar @ Abhay Sahni and Ram Babu Sahni in Cr. Appeal (DB) No. 411 of 2021 and Mr. Bimal Kumar, the learned Advocate for appellant/Jai Shankar Chaudhary in Cr. Appeal (DB) No. 322 of 2021.
3. The appellants/Jai Shankar Chaudhary and Abhay Kumar @ Abhay Sahni have been convicted under Sections 302 /34 of the IPC and Section 27 of the ARMS ACT and appellant/Ram Babu Sahni has been convicted under Section 302 /34 of the IPC by the learned Additional Sessions Judge-VII, Vaishali at Hajipur in Sessions Trial No. 280 of 2019, arising out of Jandaha P.S. Case No. 202 of 2018. By order dated 15.03.2021, all the three appellants have been sentenced to undergo R.I. for life each under Section 302 of the IPC and appellants/Jai Shankar Chaudhary and Abhay Kumar @ Abhay Sahni have been sentenced R.I. for five years under Section 27 of the ARMS ACT . The appellants have been directed to pay a fine of Rs. 50,000/- each under Section 302 of the IPC. In default of payment of fine, to further suffer R.I. for six months.
4. The written
The court ruled that significant inconsistencies and doubts in witness testimony and FIR delay warranted acquittal, reaffirming that proof beyond a reasonable doubt is essential in criminal trials.
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The prosecution must establish guilt beyond reasonable doubt based on credible evidence, including witness testimony and medical findings, even absent direct physical evidence like weapon recovery.
Eyewitness accounts unreliable due to inconsistencies, visibility doubts (distances, covered faces, hiding), suppressed initial report; benefit of doubt requires acquittal in multiple murder case by ....
The conviction of the appellants for double murder was upheld as the prosecution proved guilt beyond reasonable doubt through credible witness testimonies and medical evidence, despite the absence of....
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