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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Bipin Rai @ Bipin Ray S/O Late Tripit Rai @ Late Tripit Rai – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2 , 3) |
| 2. arguments presented by appellants and prosecution (Para 6 , 7 , 8) |
| 3. court's analysis of evidence and inconsistencies (Para 10 , 12 , 13 , 20) |
| 4. importance of medical testimony in proving injury (Para 19 , 21) |
| 5. final order and release of appellants (Para 23 , 24 , 25 , 26) |
JUDGMENT :
Both the above stated appeals have been directed against the common judgment of conviction dated 06.03.2025 and order of sentence dated 11.03.2025 passed by learned Additional District and Sessions Judge-IV, Barh (Patna) in S.T. Case No. 423 of 2023, arising out of Mokama P.S. Case No. 368 of 2022 whereby and whereunder appellant/ Bipin Rai @ Bipin Ray in Cr. Appeal (SJ) No. 1412 of 2025 and appellant/ Manoj Rai in Cr. Appeal (SJ) No. 1524 of 2025 have been convicted for the offences punishable under Sections 307 , 448 read with 34 of the IPC and 27 of the Arms Act and they have been sentenced to undergo R.I. for one year and fine of Rs. 1,000/- under Section 448 read with 34 of the IPC and in default of payment of fine, they will further undergo one week simple imprisonment. The appellants have further been sentenced to undergo R.I.
The court found that the prosecution failed to prove guilt beyond a reasonable doubt due to significant inconsistencies in witness testimonies and lack of reliable evidence, leading to the reversal o....
The court found that an injury categorized under IPC Section 324 does not meet the criteria for attempted murder under Section 308 due to the lack of intent to endanger life.
Attempt to murder – Intention to kill must be apparent from act of accused.
The prosecution must prove guilt beyond a reasonable doubt; insufficient evidence and contradictions in witness statements led to acquittal.
Point of Law : Obviously, enmity was existing between both the sides and some altercation is stated to have taken place which has been trid to be coloured differently by the prosecution witnesses.
Voluntarily causing hurt by dangerous weapons - Benefit of doubt given to accused – Conviction set aside - On account of enmity based on litigation, there are chances of developing a false case and t....
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 prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
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