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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAJESH KUMAR VERMA
Jhalku Sah S/O Late Rangi Lal Sah – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SUDHIR SINGH, J.
1. The present criminal appeal has been preferred under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 against judgment of acquittal dated 20.06.2024 passed by the learned Additional District and Sessions Judge-9th, Saran, Chapra in Sessions Trial No. 242 of 2010, arising out of Masrakh P.S. Case No. 198 of 2004, whereby Respondent No. 2 has been acquitted by the learned Trial Court from the charge of Sections 302 /34, 201/34 of Indian Penal Code.
2. Vide order dated 03.04.2025, notices were issued to the Respondent No. 2, upon which he appeared by filing Vakalatnama through learned Advocate, Mr. Manoj Kumar Yadav.
3. The prosecution case, as per fardbeyan of the informant, in brief, is that the informant used to sell fruits and vegetables in Siliguri. On 11.09.2004 at about 09:00 p.m., the daughter-in-law of the informant told the informant, that the father of the informant had gone with the wife of Respondent No. 2 to see her ailing buffalo last evening but had not returned. The informant and his mother came to their village from Siliguri and made a hectic search of his father(the deceased) but all the efforts went in vain. On 14.09.2004, at abou
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
The prosecution's failure to establish a conclusive chain of circumstantial evidence warranted the acquittal of the accused, as inconsistencies in witness testimonies created reasonable doubt.
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
In criminal cases, guilt must be established beyond reasonable doubt, and circumstantial evidence must conclusively exclude any hypothesis of innocence.
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.
In criminal cases based on circumstantial evidence, a complete and unbroken chain of evidence is necessary to satisfy the standard of proof beyond a reasonable doubt for a conviction.
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