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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR
Bikarma Manjhi, son of Sukhal Manjhi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The present appeal has been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction and order of sentence dated 16.09.2003 passed by learned 9th Additional Sessions Judge, Saran at Chapra in Sessions Trial No.495 of 1995 arising out of Masrakh P.S. Case No.9 of 1995, whereby the concerned Trial Court has convicted all above-named appellants/convicts. It appears from the impugned judgment that appellant no.1 to appellant no.4 have been convicted for the offences punishable under Section 325 read with section 149 of the Indian Penal Code (for short ‘IPC’) and ordered to undergo rigorous imprisonment for three years. They were also convicted under Sections under Section 448 of the IPC and sentenced to undergo rigorous imprisonment for six months, whereas appellant no.5, who also convicted for the offence punishable under Sections 325 read with Section 149 of the IPC, sentenced to undergo rigorous imprisonment for six months. All the aforesaid appellants were acquitted for the offence charged under Section 307 read with 149 and 450 of the IPC and further app
The evidentiary value of hostile witnesses can support the prosecution case if found credible, notwithstanding the non-recovery of weapons or procedural lapses.
(1) Appreciation of evidence – Testimonies of prosecution witnesses, before their acceptance must be tested on established parameters of appreciation of evidence.(2) Appreciation of evidence – Positi....
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.
The court reaffirmed that for a conviction under Section 325 IPC, the prosecution must strictly prove the nature of injuries as defined in Section 320 IPC.
The prosecution must prove the accused's guilt beyond reasonable doubt, and any reasonable doubt leads to acquittal.
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