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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, AJIT KUMAR
Manoj Manzil – Appellant
Versus
State of Bihar – Respondent
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Heard Mr. Y.C. Verma, learned Senior Counsel assisted by Ms. Shahrukh Alam for the appellants in Criminal Appeal (DB) No. 216 of 2024 and Criminal Appeal (DB) No. 510 of 2024, Mr. Ajay Kumar Thakur, learned counsel for the appellants in Criminal Appeal (DB) No. 237 of 2024 and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State in Criminal Appeal (DB) No. 216 of 2024 and Criminal Appeal (DB) No. 237 of 2024 as also Mr. Binod Bihari Singh, learned Additional Public Prosecutor for the State in Criminal Appeal (DB) No. 510 of 2024. Ms. Shahrukh Alam, learned counsel has appeared physically as well as virtually through online mode and assisted this Court.
2. These three appeals are arising out of judgment of conviction dated 13.02.2024 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 13.02.2024 (hereinafter referred to as the ‘impugned order’) passed by learned Special Judge of M.P/M.L.A. Court-cum-Additional Sessions Judge-III, Bhojpur at Ara (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 123 of 2019 arising out of Azimabad P.S. Case No. 5
The prosecution must establish identity and cause of death beyond reasonable doubt in murder cases reliant on circumstantial evidence, or the conviction cannot stand.
Conviction based on unreliable eyewitness testimony due to delays and contradictions cannot be sustained, emphasizing the need for credible evidence in criminal cases.
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
The judgment underscores the principle that circumstantial evidence must form a complete chain that excludes all reasonable hypotheses of innocence for a conviction.
Conviction is on basis of circumstantial evidence, last seen theory and extra-judicial confession by accused persons.
The judgment emphasizes the importance of credible evidence and the burden of proof on the prosecution in criminal cases.
The prosecution must establish a complete chain of circumstances and motive in murder cases; failure to do so warrants acquittal.
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