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RAJEEV RANJAN PRASAD, JITENDRA KUMAR
Brij Bihari Ray – Appellant
Versus
State of Bihar – Respondent
JITENDRA KUMAR, J.
The present appeal has been preferred against the judgment dated 16.01.2020 passed by learned Fast Track Court- II, Bhojpur at Ara, in Sessions Trial No. 341 of 1997, arising out of Ara Mufassil P.S. Case No. 59 of 1997, whereby the respondent Nos. 2 to 4 have been acquitted of all the charges as framed under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code.
Prosecution Case
2. The prosecution case as emerging from the fardbeyan of the informant/Munnilal Rai to Police Officer of Ara, Muffasil Police Station on 12.05.1997 at 7:30 AM at his door is that yesterday dated 11.05.1997 at 7:30 AM, there was altercation with Munishankar Rai and Srinivas Rai @ Malik Rai. In course of this altercation, Srinivas Rai, Nand Ji Rai and Anil Rai, who were carrying lathies in their hands, and Ashok Rai, who was carrying pieces of bricks, assaulted Munishankar Rai and Shivshankar Rai as well as Dudhnath Rai and badly injured them. All three injured persons got unconscious and fell down at their door. On raising hulla, when co-villagers Ganesh Yadav, Bilash Yadav and ladies of his family were taking the injured persons to hospital for their treatment, they were again assau
The presumption of innocence in favor of the accused and the requirement for clear and convincing evidence to prove guilt, especially in cases of acquittal.
The judgment underscores the high standard of proof required in criminal cases, the presumption of innocence in favor of the accused, and the limited scope of appellate review in acquittal appeals.
The appellate court must uphold acquittals unless the prosecution's evidence conclusively proves guilt beyond reasonable doubt, affirming the presumption of innocence.
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