Back
SUDHIR SINGH, RAJESH KUMAR VERMA
Sandeep Shukla – Appellant
Versus
State of Bihar – Respondent
Rajesh Kumar Verma, J. – The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 28.02.2018 passed by the learned Additional District & Sessions Judge 6th, Buxar in Sessions Trial No. 45 of 2013, arising out of Industrial Area P.S. Case No. 88 of 2012, whereby Respondent Nos. 2 and 3 have been acquitted by the learned Trial Court from the charge of Sections 364/34, 302/34 and 120B of Indian Penal Code.
2. Vide order dated 31.07.2023, Trial Court records was called for, which was received on 09.08.2023.
Vide order dated 14.07.2023, notices were issued to the Respondent Nos. 2 and 3 upon which they appeared by filing Vakalatnama through learned Advocate, Mr. Mukesh Kumar Thakur.
3. The prosecution case, in brief, is that on 27.08.2012 while informant had departed from Bus, he saw his uncle Bhawnath Shukla @ Lallan Shukla, was having tea along with a person, when informant asked him that “what are you doing here, tomorrow i.e. on 28.08.2012 you have to appear in Bhabhua Court in relation to case no. 09/2011 and 35/2011”, upon which his uncle replied that today he is going to Village Purainiya with Sheo M
Confessions of co-accused before police are inadmissible as evidence, necessitating physical evidence for charges under narcotics laws.
Appellate courts interfere with acquittal only if patently perverse or ignoring material evidence; trial court's reasonable view, considering double presumption of innocence, not disturbed despite co....
Confessions of co-accused are inadmissible against another unless tried jointly; conviction based solely on such confessions violates evidentiary standards.
Confessions of co-accused are inadmissible without corroborative evidence; mere naming in such confessions does not suffice for indictment.
It is a settled principle of criminal jurisprudence that extrajudicial confession is a weak piece of evidence. Wherever the court, upon due appreciation of the entire prosecution evidence, intends to....
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
