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SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Basudeo Sah @ Sahu Son of Nil Kamal Sah – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant acquittal appeal has been filed by the State under Section 378(1) and (5) of the Code of Criminal Procedure directed against the judgment of acquittal dated 10.03.2003 passed by the learned Additional District Judge, Fast Track Court, Saraikella in S.T. Case No.41 of 2001 whereby and whereunder the charge framed against the respondents have been found to be not proved beyond all shadow of doubt and as such the accused persons, the respondents herein have been acquitted.
The criminal revision has also been filed by the informant against the judgment of acquittal dated 10.03.2003 passed by the learned Additional District Judge, Fast Track Court, Saraikella in S.T. Case No.41 of 2001 whereby and whereunder the charge framed against the respondents have been found to be not proved beyond all shadow of doubt and as such the accused persons, the respondents herein have been acquitted.
2. Both the appeal and the revision since arise out of the judgment dated 10.03.2003 and as such both the cases have been directed to be heard together as would appear from the order dated 04.08.2016 and as such both the matters are being heard together and are
The testimonies of the witnesses hold greater evidentiary value than medical evidence, and in case of minor discrepancy, the ocular testimony prevails. The court should adopt the view favorable to th....
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
The importance of ocular testimony over medical evidence and the application of Section 34 of the IPC in proving common intention.
Eyewitness testimony carries significant evidentiary weight; convictions can be sustained on reliable single eyewitness accounts without need for corroboration if found trustworthy.
The main legal point established in the judgment is that the reliability of eye-witness testimonies, minor discrepancies in evidence, and delay in recording statements of eye-witnesses should be cons....
Point of Law : The Code of Criminal Procedure, 1973 puts no limitation, restriction, or condition on the exercise of such power and an appellate court on the evidence before it may reach its conclusi....
The appellate court reversed the acquittal of certain accused based on credible eyewitness testimony and medical evidence, convicting them under Section 304 Part-II of the IPC.
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