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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD
State of Bihar – Appellant
Versus
Lamboo Sharma @ Munna Sharma @ Sachidanand Sharma – Respondent
JUDGMENT :
Rajeev Ranjan Prasad, J.
Backdrop of Death Reference and Criminal Appeals :
Death Reference No.01 of 2024 is the reference under section 366 of the Code of Criminal Procedure, 1973 (hereafter ‘Cr.P.C.’) which corresponds to section 407 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) submitted to this Court by the learned Additional Sessions Judge-VIII, Bhojpur, Ara in Sessions Trial Case No.35 of 2016 for confirmation of death sentence imposed on Lamboo Sharma @ Munna Sharma @ Sachidanand Sharma (hereafter ‘appellant Lamboo Sharma’) vide judgment and order dated 05.04.2023 so also the judgment and order dated 17.08.2019 passed by the learned 3rd Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No.35 of 2016.
2. Criminal Appeal (DB) No.1150 of 2019 has been filed by appellant Shyam Vinay Sharma, Criminal Appeal (DB) No. 1162 of 2019 has been filed by appellant Rinku Yadav, Criminal Appeal (DB) No.1185 of 2019 has been filed by appellant Md. Naim Miya @ Naim Miya, Criminal Appeal (DB) No.1210 of 2019 has been filed by appellant Lamboo Sharma, Criminal Appeal (DB) No.1246 of 2019 has been filed by appellant Md. Chand Miya @ Chand Miyan, Criminal Appe
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
In criminal cases based on circumstantial evidence, every link in the evidence chain must be fully established, with a complete narrative supporting the conclusion of guilt; mere suspicion is insuffi....
In view of Section 10 of the Evidence Act anything said, done or written by those who enlist their support to the object of conspiracy and those who join later or make their exit before completion of....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances that excludes any reasonable doubt of the accused's innocence.
In cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances that are consistent with the guilt of the accused and inconsistent with their innocence.
Point of Law : When two views are possible, the view favourable to the accused has to be adopted
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