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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Khatim Reza
Ram Awadh Kishore Prasad, Son of Late Shreeram Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ASHUTOSH KUMAR, J.
1. Both the appeals have been heard together and are being disposed off by this common judgment.
2. We have heard Mr. Ajay Thakur, the learned Advocate for the appellants (four in number in the two appeals) and Mr. Ajay Mishra, the learned APP for the State.
3. The appellants have been convicted under Sections 34 1, 323, 504 and 302/34 of the INDIAN PENAL CODE vide judgment dated 13.06.2017 passed by the learned Additional District & Sessions Judge-IV, Siwan in Sessions Trial No. 393 of 2014 (G.R. No. 2700 of 2012), arising out of Darauli P.S. Case No. 67 of 2012. By order dated 16.06.2017, they have been sentenced to undergo R.I. for one month under Section 34 1 of the IPC; R.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section 323 of the IPC; R.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section 504 of the IPC and R.I. for life, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer R.I. for six months under Section 302 of the IPC.
4. The sentences hav
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 emphasized that mere presence without overt acts does not satisfy the requirement of common intention necessary for a conviction under Section 34 of the IPC.
The main legal point established in the judgment is that the invocation of vicarious liability by virtue of Section 149 IPC requires evidence of the formation of an unlawful assembly, and the court m....
The court clarified that mere participation in an assault does not equate to intent to kill, necessitating clear evidence of a common object for murder to uphold convictions under Section 302.
The main legal point established in the judgment is the application of the principle of common intention in determining the appropriate conviction for the accused, considering the lack of evidence es....
Prosecution must prove guilt beyond reasonable doubt; lack of credible eyewitnesses and contradictions in testimony led to acquittal.
For a murder conviction, the prosecution must prove beyond reasonable doubt that the death was homicidal, which involves establishing the causal connection to the accused, a requirement not met in th....
Conviction under IPC requires specific overt acts; lack of direct evidence led to acquittal of murder charges and modification to lesser offense.
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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