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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Shailendra Singh
Surendra Yadav, S/O Late Tunha Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for respondent nos. 2 to 6.
2. This appeal has been preferred by the victim/informant, under proviso to Section 372 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) (now Section 413 of the Bhartiya Nagrik Suraksha Sanhita (in short ‘ BNSS ’)) for setting aside the judgment and order dated 23.12.2023 and 02.01.2024 respectively passed by learned Additional District & Sessions Judge-IV, Jamui (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 255 of 2021 arising out of Sikandara P.S. Case No. 114 of 2019. By the impugned judgment and order, the learned trial court has held that the prosecution failed to prove their case as alleged for the offences punishable under Sections 148 , 307, 341, 354-B and 506/149 of the INDIAN PENAL CODE (in short ‘IPC’) even as the learned trial court, on the other hand, held the respondents guilty of committing the offences punishable under Sections 147 , 323, 325/149 IPC but sentenced them only with the period undergone and by imposing a fine amount.
Prosecution Case
3. The prose
The omission of proper charge framing under relevant IPC sections led to a failure of justice; retrial was ordered to address these deficiencies.
The omission to frame a charge under Section 149 of the IPC does not invalidate a conviction for murder under Section 302 if the prosecution's case demonstrates clear intent and common objective amon....
The court upheld certain convictions for murder and rape based on consistent eyewitness testimony and deemed others not liable due to a lack of direct involvement.
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The judgment emphasizes the importance of clear and unambiguous charges to provide the accused with a precise notice of the accusations, and the need for sufficient and consistent evidence to support....
The main legal point established in the judgment is the importance of corroborating evidence and the need for a clear determination of the aggressor in assault cases.
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
The court upheld the convictions under sections 147, 148, and 324 IPC, affirming that eyewitness and medical testimonies established the involvement of the appellants in the unlawful assembly and ass....
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