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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad, Ashok Kumar Pandey
Mahendra Singh Son of Late Pokhi Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. the factual background of the case initiation. (Para 1 , 3 , 4 , 5) |
| 2. court's findings on evidence and conviction based on established facts. (Para 7 , 8 , 9) |
| 3. arguments and contentions of the appellant. (Para 10 , 19) |
| 4. final conviction and order regarding the accused. (Para 36 , 40) |
| 5. application of section 149 ipc in determining liability of assembly members. (Para 38 , 39) |
JUDGMENT
RAJEEV RANJAN PRASAD, J.
This appeal has been filed against the judgment of acquittal dated 12.02.2024 passed by learned Additional District & Sessions Judge-V, Barh, District-Patna (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 297 of 2009, arising out of Bakhtiyarpur P.S. Case No. 147 of 2005 by which the learned trial court has acquitted respondent nos. 2 to 7 of the charges under Sections 307 /149, 147, 148, 324/149 of the INDIAN PENAL CODE (in short ‘IPC’) and Section 27 of the ARMS ACT and convicted them for the offences punishable under Sections 148 and 323/149 IPC.
2. Earlier vide order dated 08.05.2024, this Court called for the trial court records which have been received and are available on the record.
3. From the report as contained in Memo No
The court established that the prosecution must prove charges beyond reasonable doubt, affirming convictions under lesser charges while acquitting on more severe charges due to insufficient evidence.
Attempt to murder – Intention to kill must be apparent from act of accused.
Voluntarily causing hurt by dangerous weapons - Benefit of doubt given to accused – Conviction set aside - On account of enmity based on litigation, there are chances of developing a false case and t....
The main legal point established in the judgment is that the appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing hurt using firearms during an altercation, base....
Conviction affirmed – Offence of Murder - Prosecution evidence is trustworthy and prosecution has brought home the guilt of all the appellants by cogent, credible and trustworthy evidence.
(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of....
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