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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Rina Devi D/o Raj Kishore Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
1. Both the above stated appeals have been directed against the common judgment of conviction and order of sentence dated 12.02.2025 passed by learned District and Additional Sessions Judge-5, Siwan in Sessions Trial Case No. 165 of 2016, G.R. No. 2159 of 2014 arising out of Asawn P.S. Case No. 33 of 2014 whereby and whereunder appellants/Rina Devi and Geeta Devi in Cr. Appeal (SJ) No. 1132 of 2025 have been convicted for the offences punishable under Sections 147, 323 of the IPC and they have been extended the benefit of Section 3 of Probation of Offenders Act and have been released after due admonition. The Trial Court convicted the appellants/Rajkishore Yadav, Dhirendra Yadav @ Dhirendra Kumar Yadav and Balindar Yadav in Cr. Appeal (SJ) No. 1120 of 2025 for the offences under Sections 147 and 325 of the IPC and sentenced them to undergo S.I. for one year each under Section 147 of the IPC, S.I. for four years each and fine of Rs. 500/- each under Section 325 of the IPC. In default of payment of fine, they will further undergo additional imprisonment of three months each. Therefore, both these appeals are being disposed of by this common judgment.
2.
The court upheld the convictions under sections 147, 148, and 324 IPC, affirming that eyewitness and medical testimonies established the involvement of the appellants in the unlawful assembly and ass....
The omission of proper charge framing under relevant IPC sections led to a failure of justice; retrial was ordered to address these deficiencies.
For a murder conviction, the prosecution must prove beyond reasonable doubt that the death was homicidal, which involves establishing the causal connection to the accused, a requirement not met in th....
The main legal point established in the judgment is the importance of corroborating evidence and the need for a clear determination of the aggressor in assault cases.
The court affirmed the convictions under IPC, emphasizing common intention in participation of crimes and granted probation due to the nature of the offences and first-time offender status.
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