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CHANDRA SHEKHAR JHA
Dasrath Paswan – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.
At the outset, it is pointed out by learned Amicus, Mr. Amit Kumar Jha that appellant no.2, namely, Ram Sabad Paswan, appellant no.4 namely, Rambhajju Paswan and appellant no.5 namely, Anuj Paswan @ Ramanuj Paswan died during the course of pending appeal.
2. Accordingly, present appeal against appellant Nos. 2, 4 and 5 stands abated. Now, this appeal survives against above-named four appellants only.
3. The present appeal has been preferred by the appellants-convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction dated 19.02.2004 and order of sentence dated 20.02.2004 passed by learned Additional District and Sessions Judge, Fast Track Court III, Munger in Sessions Case No.58 of 1986 arising out of Barhiya P.S. Case No.161 of 1984, G.R. No.759 of 1984, whereby the trial court has convicted all above-named appellants under Sections 147, 148, 149, 307 of the Indian Penal Code (for short ‘IPC’) and Section 27 of the Arms Act. The appellants namely, Ram Sabad Paswan (since died), Rambhajju Paswan and Anuj Pawan @ Ramanuj Pawan (since died) have been sentenced to undergo rigor
The prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
Key legal principles established include the standards of eyewitness reliability and the requirements for proving possession of intent in conspiracy cases, emphasizing that absence of evidence negate....
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