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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, NANI TAGIA
Bhupendra Yadav, Son of late Domi Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
1. The aforesaid appeals preferred under Section 374(2) read with Section 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) arise out of the same judgment of conviction and the order of sentence dated 29.01.2016 and 09.02.2016 respectively, passed in Sessions Trial No.138 of 1994 (arising out of Triveniganj P.S. Case No.85 of 1992), by the learned Court of Additional Sessions Judge-II, Supaul (hereinafter referred to as the “Ld. Trial Judge”), hence these appeals have been heard together and are being disposed off by the present common judgment and order. By the said judgment dated 29.01.2016, the Ld. Trial Judge has convicted the aforesaid appellants of both the cases for commission of offence under Sections 147, 148, 323, 324, 307 and 302/120B of the Indian Penal Code (hereinafter referred to as the “I.P.C.”) and as far as the appellant of the second case namely, Vidyanand Yadav is concerned, he has also been convicted for commission of offence under Section 27 of the Arms Act, 1959. By the order of sentence dated 09.02.2016, the appellants have been sentenced to undergo Rigorous Imprisonment (hereinafter referred to
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
The prosecution failed to prove the guilt of the accused beyond reasonable doubt due to reliance on uncorroborated eyewitness testimony from interested parties and lack of independent evidence.
The prosecution must establish charges beyond reasonable doubt, and contradictions in witness testimony and failure to seize crucial evidence can lead to the acquittal of the accused.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
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