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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, ALOK KUMAR PANDEY
Rajeev kumar Ray son of Madho Rai village- Telghi Police Station -Kharik District- Bhagalpur – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the case facts (Para 1 , 2 , 3) |
| 2. arguments on the trial court's error (Para 7) |
| 3. analysis of trial court's findings (Para 8 , 9 , 10 , 11 , 12 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. principles governing appeal against acquittal (Para 14 , 15 , 16 , 17 , 18) |
| 5. final dismissal of the appeal (Para 25) |
JUDGMENT :
The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 06.11.2023 passed by the learned 1st Additional Sessions Judge, Naugachiya in Sessions Trial No. 336 of 2002 arising out of Kharik P.S. Case No. 53 of 1993, whereby and whereunder respondent no. 2/ Bharat Singh has been acquitted by the learned Trial Court from the charges of Sections 302 /34 of the Indian Penal Code and 27 of the Arms Act .
3. On the basis of written complaint of the informant, Kharik P.S. Case No. 53 of 1993 was instituted under Sections 147, 148, 149, 302 of the IPC and Section 27 of the Arms Act and investigation was taken up by the police. The police after investigation submitted charge-sheet against Respondent No. 2 and, accordingly, cognizance was taken. Thereafter the case was committed to the
An acquittal by the trial court reinforces the presumption of innocence, and an appeal against such acquittal requires substantial justification, which was lacking in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
It is settled law that if main grounds on which lower Court has based its order acquitting accused are reasonable and plausible, and same cannot be entirely and effectively be dislodged or demolished....
An appellate court must respect acquittals and only intervene if the trial court's judgment is legally erroneous or misinterprets evidence, maintaining the presumption of innocence.
Point of Law : It is cardinal principle of criminal justice system that when there is satisfactory explanation for non-examination of independent witnesses, conviction can be based solely on the test....
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