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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAJESH KUMAR VERMA
Amresh Kumar Poddar @ Tuntun Poddar Son of Ganesh Poddar – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background of criminal case and prosecution. (Para 1 , 2 , 3 , 4) |
| 2. court observed flaws in prosecution's case. (Para 5 , 10 , 11 , 12 , 13) |
| 3. arguments presented by appellant and state. (Para 6 , 7) |
| 4. (Para 8 , 9) |
| 5. principles governing appeal against acquittal. (Para 14 , 15 , 16) |
| 6. final order and dismissal of appeal. (Para 18 , 19) |
JUDGMENT :
SUDHIR SINGH, J.
1. The present criminal appeal has been preferred under Section 413 of the B.N.S.S. against the judgment of acquittal dated 08.10.2024 passed by the learned Additional Sessions Judge-V, Begusarai in Sessions Trial No. 1027 of 2023, arising out of Nawkothi P.S. Case No. 21 of 2021, whereby Respondent Nos. 2 to 8 have been acquitted by the learned Trial Court from the charge of Sections 302 /34 and 120(B) of Indian Penal Code and Section 27 of the Arms Act.
2. The prosecution case, as per the fardbeyan of the informant, is that on 16.02.2021, the informant, along with his father, Late Ganesh Poddar, and his brother, Chandan Kumar, reached the kirana shop of Bauelal Sahani at Devpura Chowk on a motorcycle, coming from Vishnupur Chowk. While they were sitting on chair and conversing, at about 4:45 p.m., two m
In criminal proceedings, the prosecution must prove guilt beyond a reasonable doubt; any doubts benefit the accused, making acquittal appropriate where evidence is inconsistent or insufficient.
In an appeal against acquittal High Court is not bereft of powers to re-access evidence and reach its own conclusion.
The acquittal of the accused was upheld as the prosecution failed to prove guilt beyond a reasonable doubt, citing insufficient evidence and inconsistencies in witness testimonies.
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.
In appeals against acquittal, appellate courts interfere only if trial court findings perverse or sole possible view convicts; here prosecution failed due to medical inconsistencies, unproved firearm....
The appellate court upheld the trial court's acquittal due to insufficient evidence and emphasized the presumption of innocence, requiring compelling reasons to overturn such decisions.
In criminal appeals against acquittal, the appellate court must not interfere unless the trial court's findings are perverse or devoid of substantial evidence, adhering to the presumption of innocenc....
The prosecution must establish guilt beyond a reasonable doubt, and acquittals are reviewed under strict guidelines favoring the presumption of innocence.
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