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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Ramdev Mahto son of Late Tilakdhari Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard Mr. Y.C. Verma, learned senior counsel assisted by Mr. Apurva Kumar, learned counsel for the appellant and Mr. Abhimanyu Sharma, learned Addl.P.P. for the State as also perused the trial court records.
2. This appeal has been preferred for setting aside the judgment of acquittal dated 17.04.2018 (hereinafter referred to as the ‘impugned judgment’) whereby and where under the learned Additional District and Sessions Judge-1st, Sessions Court, Barh (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit respondent nos. 2 to 7 of the charges under Sections 302 /34 of the Indian Penal Code (in short ‘ IPC ’) and Section 27 of the Arms Act in connection with Sessions Trial No.478 of 2009/908 of 2009, G.R. No.713 of 2008 arising out of Ghoshwari P.S. Case No.37 of 2008.
Prosecution Case
3. The prosecution case is based on the fardbeyan of Ramdeo Mahto who has been examined as PW-1 in the present case. In his fardbeyan said to have been recorded by S.I. Sona Prasad Singh, S.H.O. of Ghoswari Police Station, Patna on 12.06.2008 at 17.00 hrs, the informant has stated that on 12.06.2008 at about 4.00 PM when he was returning
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
The acquittal of the accused is sustained as the prosecution failed to establish guilt beyond reasonable doubt, highlighting the unreliability of witness testimonies and the significance of the presu....
The court established that the testimony of eyewitnesses, especially those with a history of enmity towards the accused, must be scrutinized carefully, and that the prosecution bears the burden of pr....
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