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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Shailendra Singh
Mina Devi, Wife of Vijay Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
Heard learned counsel for the appellant and Mr. Parmeshwar Mehta, learned Additional PP for the State.
2. This appeal has been preferred for setting aside the judgment dated 30.05.2023 passed by learned Additional District & Sessions Judge, II, Nawada by which the respondent nos. 2 to 4 who were facing trial for the charges under Sections 147 , 148, 149 and 302 of the INDIAN PENAL CODE in Sessions Trial No. 01/2021 arising out of Nardiganj P.S. Case No. 192 of 2020 have been acquitted.
Prosecution Story
3. As per the prosecution case, Mina Devi (PW-4) submitted a written report before the concerned police officer that on 25.08.2020 at 08:00 A.M. (morning), her elder son Jitendra was returning to his village from Nardiganj market after buying cement. When he reached near the Bajrangabali temple, the co-villagers Mithilesh Chaudhary, Gorelal Chaudhary, Anil Chaudhary, Girani Chaudhary, Pradeep Chaudhary, Raushan Chaudhary, Ratan Chaudhary, Santosh Chaudhary and Gorelal Chaudhary assaulted her son with sword. Girani Chaudhary, Anil Chaudhary and Bhagirath Chaudhary assaulted her son with stick and iron rod. Her son was crying to save himself when she, he
The court reaffirmed that the prosecution's failure to establish credible evidence and the presence of contradictions among witnesses warrants the acquittal of the accused under the principle of bene....
A conviction under Section 302 IPC can be upheld based solely on the testimony of the informant if corroborative evidence exists, even in absence of independent witnesses.
The prosecution must establish a clear criminological chain in circumstantial evidence cases; mere suspicion is insufficient for conviction.
(1) Appreciation of evidence – Testimonies of prosecution witnesses, before their acceptance must be tested on established parameters of appreciation of evidence.(2) Appreciation of evidence – Positi....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and any significant doubt arising from inconsistencies in evidence must benefit the accused.
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