Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Jitendra Kumar
Krishna Yadav @ Megha Yadav, S/o- Chhabila Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. description of the factual background and proceedings. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties. (Para 11 , 12 , 13) |
| 3. principles regarding evidence evaluation and witness credibility. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. the court's analysis and findings on witness reliability and evidence. (Para 39 , 40 , 46 , 52 , 53) |
| 5. final judgment, acquittal of the appellants. (Para 55 , 56 , 57 , 58 , 59 , 60) |
JUDGMENT :
JITENDRA KUMAR, J.
All the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 05.05.2018 and 07.05.2018 respectively, passed by learned Additional Sessions Judge-Vth, Siwan, in Sessions Case No. 475 of 2016 arising out of Pachrukhi Sarai P.S. Case No. 99 of 2015, whereby all six appellants have been found guilty for the offence punishable under Sections 148 , 323/149, 324/149 and 302/149 of the INDIAN PENAL CODE and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- each under Section 302 /149 of the INDIAN PENAL CODE . All the appellants have been further sentenced to undergo rigorous imprisonment for two
The court reaffirmed the principle that a prosecution case must be proven beyond reasonable doubt; contradictions in witness testimony necessitated acquittal due to reasonable doubt.
Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
The acquittal of the accused is sustained as the prosecution failed to establish guilt beyond reasonable doubt, highlighting the unreliability of witness testimonies and the significance of the presu....
The court affirmed that eyewitness testimony, even from relatives, can be credible and sufficient to establish guilt beyond reasonable doubt in murder cases.
Once there is no eye-witness of incident prosecution will have to establish a motive for commission of crime.
Testimony of interested witnesses is not a sole criterion to disbelieve their versions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
