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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
| Table of Content |
|---|
| 1. conviction details and circumstances surrounding the case. (Para 3 , 4 , 5 , 6 , 7 , 9 , 10) |
| 2. inconsistencies in the prosecution's case. (Para 11 , 12 , 13 , 14 , 15 , 17 , 18 , 19 , 20) |
| 3. witness credibility and possible ulterior motives. (Para 21 , 22 , 23 , 26 , 27 , 28) |
| 4. delay in lodging the fir raises credibility issues. (Para 29 , 30) |
| 5. importance of witness reliability and evidence scrutiny. (Para 44 , 50 , 51 , 54 , 62) |
| 6. final order of acquittal. (Para 63 , 64 , 65 , 66 , 67 , 68) |
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
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.
Conviction based solely on testimonies of related witnesses is unsafe without independent corroboration, as evidenced by inconsistencies and lack of physical evidence.
Interested evidence is not necessarily unreliable and should be scrutinized with care but cannot be rejected merely on the ground of being partisan. Minor discrepancies and contradictions should not ....
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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