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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Jitendra Kumar
Manoj Bind @ Manoj Kumar, Son of Late Hira Bind – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
We have heard Mr. Ajay Mukherjee, the learned Advocate for the appellants and Mr. Ajay Mishra, the learned APP for the State.
2. Both the appellants, viz., Manoj Bind @ Manoj Kumar and Rameshwar Bind @ Ram Ishwar Bind, have been convicted for the offences under Sections 302 /120(B) read with Section 34 of the INDIAN PENAL CODE (in short the IPC) and Section 27 of the ARMS ACT by the learned 1st Additional Sessions Judge-Cum- Special Judge, Jehanabad in Sessions Trial No. 413 of 2017/Trial No. 103 of 2017, arising out of Paras Bigha P.S. Case No. 68 of 2017 vide judgment dated 27.03.2018. By order dated 28.03.2018, they have been sentenced to undergo R.I. for life and to pay a fine of Rs. 25,000/- each for the offence under Sections 302 /120(B) read with Section 34 of the IPC and to undergo R.I. for three years and to pay a fine of Rs. 10,000/- each for the offence under Section 27 of the ARMS ACT . The sentences have been ordered to run concurrently. In case of default in payment of fine, the appellants have been directed to suffer S.I. for one year.
3. Two persons, namely, Nirmal Bind and Sintu Bind are said to have been strangulated to death. Nirmal Bind
Prosecution must prove guilt beyond reasonable doubt; lack of credible eyewitnesses and contradictions in testimony led to acquittal.
The prosecution must establish guilt beyond a reasonable doubt; inconsistencies and procedural flaws in evidence can lead to acquittal.
The prosecution's failure to provide credible evidence, including the absence of a post-mortem report, resulted in the acquittal of the appellants from murder charges under the Indian Penal Code.
The court acquitted the appellants due to insufficient evidence and inconsistencies in witness testimonies, emphasizing the need for credible proof in criminal convictions.
The court established that inconsistencies in eyewitness testimonies and lack of corroborative evidence warrant acquittal in murder cases, highlighting the benefit of doubt principle.
The prosecution must prove the case beyond all reasonable doubts, and the quality of evidence is crucial in establishing the guilt of the accused.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in witness testimony and lack of evidence led to the acquittal of the appellants.
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