Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Rahul Kumar S/o Parmeshwar Chaudhary – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction details and charges. (Para 1 , 2 , 3 , 4) |
| 2. arguments raised by appellants. (Para 8 , 9 , 10) |
| 3. analysis of evidentiary shortcomings. (Para 11 , 12 , 13) |
| 4. witness testimonies and inconsistencies. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court's decision to overturn conviction. (Para 22) |
JUDGMENT :
ALOK KUMAR PANDEY, J.
1. This appeal is directed against the judgment of conviction and order of sentence dated 30.06.2025 passed by Exclusive Special Excise Court No. 01, Supaul in S.T. Excise Case No. 586 of 2017 arising out of Kishanpur P.S. Case No. 64 of 2016, whereby and whereunder appellants have been convicted for the offence under Section 47(a) of the BIHAR EXCISE ACT , 1915 and has been sentenced to undergo rigorous imprisonment for 3 years alongwith fine of Rs. 5,000/- for the said offence. In default of payment of fine, appellants have been further sentenced to undergo simple imprisonment for 3 months. The period undergone by the convicts in jail custody has been directed to be set off from the period of custody.
2. As per prosecution case, the informant, who is S.H.O. Kishnapur police station, recorded his self statement on 29.03.2016 that he proceeded
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
The court ruled that the prosecution failed to prove the case beyond a reasonable doubt due to procedural irregularities and witness credibility issues.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The prosecution must prove its case beyond reasonable doubt, and failure to produce key evidence undermines the conviction.
Appeal against acquittal in illicit liquor possession upheld where search non-compliant with CrPC Section 165, independent witnesses hostile, case property integrity doubted, and trial court's reason....
Acquittal in excess liquor possession case set aside as perverse; no need for independent witnesses in patrolling chance recovery or independent seal custody; reliable police evidence suffices; convi....
Conviction for illicit liquor possession cannot be based solely on non-chemical tests; lack of adequate evidence warrants acquittal.
The appellate court must respect acquittals unless evidence shows the guilt of the accused beyond a reasonable doubt.
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
