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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI
Md. Mohib Ansari, son of late Ajam Ansari – Appellant
Versus
State Jharkhand – Respondent
JUDGMENT :
Heard Mr. Deepak Kumar Prasad, learned counsel appearing on behalf of the petitioner and Mr. Bishambhar Shastri, learned A.P.P. for the State.
2. The instant Criminal Revision is directed against the judgment dated 25.06.2015 passed by Sri Mukesh Kumar Srivastava learned District & Additional Sessions Judge-I at Gumla in Criminal Appeal No. 22 of 2012 whereby the Criminal Appeal preferred by the petitioner against the order and judgment dated 15.03.2012 passed by, Judicial Magistrate Ist Class Gumla in connection with Raidih P.S. Case No. 78 of 2008 corresponding to G.R. Case No. 998 of 2008 by which the petitioner has been convicted and sentenced to undergo simple imprisonment for a period of two months for the offence under Section 279 of INDIAN PENAL CODE and simple imprisonment for a period of one year under Section 304A of INDIAN PENAL CODE , was affirmed and appeal preferred by the petitioner has been dismissed.
3. In nutshell, the case of prosecution is based upon the written report filed by Ganpat Kumar (informant) before the Officer-in-charge of Raidih police station on 26.11.2008 at 9:00 A.M. stating therein that on 26.11.2008 at 5:49 A.M. the informant and the
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The prosecution must prove guilt beyond a reasonable doubt; assumptions cannot replace evidence in criminal convictions.
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