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RUDRA PRAKASH MISHRA
Shyam Sunder Prasad – Appellant
Versus
State of Bihar – Respondent
Rudra Prakash Mishra, J. – The present appeal is filed under sections 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’), arising out of the judgment of conviction and order of sentence dated 07.01.2005 passed by the learned Additional District & Sessions Judge, F.T.C-I, Nalanda in connection with Sessions Trial No. 36 of 1997, arising out of Asthawan (Bind) P.S. Case No. 168 of 1996, whereby and whereunder the appellant was found guilty and convicted for the offences punishable under Section 324 of the Indian Penal Code, 1860 (for brevity ‘the IPC’) and appellant was sentenced to undergo rigorous imprisonment for three (3) years and fine of Rs. 5,000/- and in default of payment of fine, the appellant was further directed to undergo simple imprisonment for a period of nine months.
2. The prosecution's case is that on July 24, 1996, at around 4:30 PM, the appellant – Shyam Sundar Prasad, who belongs to the same village as that of the informant – Sadanand Prasad, arrived at a disputed piece of land and asked the informant to remove bricks from a boundary wall which he claimed was constructed on his land. Upon the informant’s refusal, the accused alle
Non-examination of the Investigating Officer and critical medical witnesses raises doubts about the prosecution's case, necessitating acquittal due to insufficient evidence beyond a reasonable doubt.
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
A conviction cannot stand when there are significant contradictions between ocular and medical evidence, raising doubts about the prosecution's case.
The court affirmed that eyewitness testimony from related witnesses can be credible, and minor discrepancies do not undermine the prosecution's case if the core facts are established beyond reasonabl....
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