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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Janki Devi D/o Sarwajeet Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. From perusal of the order dated 08.10.2025 it appears that Mr. Kushal, was appointed as Amicus Curiae, but he has not appeared in Court. Prior to his appointment, the earlier Amicus Curiae was also replaced by this Court.
2. Accordingly, out of present advocates in open Court, Mr. Mukund Kumar, learned counsel shows his willingness to assist this Court as Amicus Curiae.
3. In view of the aforesaid, Mr. Mukund Kumar, learned counsel is appointed as Amicus Curiae for the present appeal.
4. From perusal of record, it also appears that this appeal stands abated against appellant nos. 1 and 5 namely, Janki Devi and Sarwajeet Sahani vide court’s order dated 19.02.2025.
5. Now, this appeal survives only with regard to appellant nos. 2, 3 & 4 namely, Sharda Devi, Dilip Sahani and Sri Bhagwan Sahani respectively.
6. Heard Mr. Mukund Kumar, learned Amicus Curiae appearing on behalf of the appellants and Mr. Satyendra Narayan Singh, learned A.P.P. for the State.
7. This memo of appeal has been filed on behalf of the appellants under section 374(2) of the Code of Criminal Procedure (in short the ‘Cr.P.C.’) against the judgment of conviction dated 01.04.2004 and or
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
Failure to adequately examine key witnesses and evidence resulted in a wrongful conviction, emphasizing the necessity for a fair process under criminal law.
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
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