Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAMESH CHAND MALVIYA
Ramjari Devi, W/o Late Ram Narayan Singh Prabhaker @ Ram Narayan Sharma – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SUDHIR SINGH, J.
The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 09.03.2022 passed by the learned Sessions Judge, Aurangabad in Sessions Trial No.213 of 2004 arising out of Pauthu P.S. Case No.171 of 2003, whereby Respondent Nos. 2 to 7 have been acquitted by the learned Trial Court from the charge of Sections 148, 307/149, 386 of the Indian Penal Code and respondent Nos. 2, 4 and 6 have also been acquitted from the charge of Sections 436/34 & 307/34 of the Indian Penal Code.
2. Vide order dated 20.07.2024, trial court records was called for, which was received on 14.08.2024.
3. The prosecution case, in brief, is that on 16.12.2003, at about 07:30 A.M., the accused persons, namely, Ram Pravesh Singh armed with a gun, Manoj Sharma, Pinku Sharma, Narsingh Sharma, Arvind Sharma & Niranjan Sharma, all with lathi, came at the Dalan of Ram Narayan Sharma (informant). Rampravesh Sharma pointed the gun at the informant’s chest and threatened him to put his signature on two stamp papers, due to fear the informant put his signature on two stamp papers and two blank papers also. Thereafter, all t
In criminal appeals against acquittal, the appellate court must not interfere unless the trial court's findings are perverse or devoid of substantial evidence, adhering to the presumption of innocenc....
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
In criminal proceedings, the prosecution must prove guilt beyond a reasonable doubt; any doubts benefit the accused, making acquittal appropriate where evidence is inconsistent or insufficient.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
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
