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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ramesh Chand Malviya
Parsuram Prasad, Son of Jagarnath Prasad – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. appellants' conviction challenged (Para 2 , 3 , 4 , 5) |
| 2. witness testimonies corroborating prosecution case (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. postmortem findings presented (Para 12 , 13) |
| 4. defense arguments outlining inconsistencies (Para 14 , 15 , 16) |
| 5. court's scrutiny of evidence and discrepancies (Para 17 , 18) |
| 6. legal standards for establishing intent in criminal cases (Para 19 , 20 , 21) |
| 7. final judgment and acquittal of appellants (Para 22 , 23 , 24) |
JUDGMENT :
Ramesh Chand Malviya, J.
Heard Mr. Sunil Kumar, learned counsel for the appellants assisted by Mr. Pankaj Kumar and Mr. A. M. P. Mehta, learned APP for the State.
2. Learned counsel for the appellants submits that Bharat Prasad, Naresh Prasad @ Ram Naresh Prasad, Chhotak Prasad and Pramod Prasad have died during the pendency of the appeal. So, the appeal against them stands abated under the provision of Section 394 of the Code of Criminal Procedure vide order dated 24.06.2024 and 14.11.2024, respectively.
3. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the Judgment of conviction dated 31.01.2006 and order of sente
Prosecution must establish guilt beyond reasonable doubt; contradictions in witness testimonies can lead to acquittal as per criminal law standards.
The prosecution failed to prove its case beyond reasonable doubt due to contradictions and lack of independent witnesses, leading to the acquittal of the appellants.
The court affirmed that the prosecution must prove its case beyond reasonable doubt, and testimonies of interested witnesses can be credible if corroborated by medical evidence.
The prosecution must establish guilt beyond reasonable doubt; significant contradictions in witness testimonies undermine credibility, resulting in acquittal.
The prosecution must prove its case beyond reasonable doubt, and reliance on related witnesses without corroboration is insufficient for conviction.
The prosecution must prove its case beyond reasonable doubt, and reliance on witness testimony requires corroboration, especially when witnesses are near relatives.
The prosecution must prove guilt beyond reasonable doubt; uncorroborated and contradictory witness accounts render convictions unsafe.
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
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