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ALOK KUMAR PANDEY
Dhuri Sah – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—In pursuance of order dated 25.09.2025, the Superintendent of Police, West Champaran, Bettiah has sent its report vide letter No. 747 dated 12.11.2025 which reveals that appellant no. 1 Dhuri Sah has already died accordingly, the appeal stands abated in respect of appellant no. 1 Dhuri Sah.
2. Heard learned Amicus Curiae for the appellant no.2 and learned Additional Public Prosecutor for the State.
3. The present appeal has been directed against the judgment of conviction and order of sentence dated 16.12.2004 passed by learned Additional District and Sessions Judge 1st, West Champaran, Bettiah, Special Court under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with Trial No. 22 of 1995 whereby and whereunder the appellant no. 2 has been convicted for the offences punishable under Section 323 of IPC and has been sentenced to undergo rigorous imprisonment for three months under the said section.
4. As per prosecution case, on 19.07.1992 at about 11:00 AM, the complainant Sheo Chand Baitha, was said to have put bucket into the well near his house in Khora village to draw water. The co-accused, Dhuri Sah (since deceased), had alre
A conviction under Section 323 IPC cannot be maintained if the prosecution fails to prove the case beyond a reasonable doubt, particularly with significant inconsistencies and a delay in filing the c....
The absence of corroborative evidence renders the sole testimony insufficient for conviction under criminal law.
The importance of prompt lodging of FIR in criminal cases and the need for evidence to establish the presence of the public at the time of the offense to satisfy the criteria of 'public view' under S....
The prosecution failed to prove the accused's guilt beyond reasonable doubt due to delays, inconsistencies, lack of corroboration, and an unaddressed alibi, necessitating their acquittal.
The prosecution must substantiate allegations of caste-based abuse with credible evidence, and delays in complaint filing can undermine the case's integrity.
The duty of the court to assess the evidence, the principles of circumstantial evidence, and the application of relevant sections of the Indian Penal Code were the central legal points established in....
Witness testimony must be scrutinized, especially from interested parties; the prosecution's failure to prove guilt beyond a reasonable doubt warrants acquittal.
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