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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Bipin Rai @ Bipin Ray S/O Late Tripit Rai @ Late Tripit Rai – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 2 , 3) |
| 2. arguments presented by appellants and prosecution (Para 6 , 7 , 8) |
| 3. court's analysis of evidence and inconsistencies (Para 10 , 12 , 13 , 20) |
| 4. importance of medical testimony in proving injury (Para 19 , 21) |
| 5. final order and release of appellants (Para 23 , 24 , 25 , 26) |
JUDGMENT :
2. The prosecution case, as disclosed by informant, Abhinash Kumar (PW-6), is that on 25.11.2022 at about 07:20 PM, while he was sleeping in his house, 5-6 persons forcibly entered in the house, abused him, and opened indiscriminate fire, discharging 3-4 rounds at him. It is further alleged that while retreating, the assailants again fired, as a result of which the informant sustained a gunshot injury on his left arm. On his alarm, the miscreants fled. The informant asserts that he has identified the appellants and others, being well acquainted with them as residents of village Mekra. The alleged motive for the occurrence is stated to be a dispute relating to crop seeding and threats. The informant has further alleged that the firing was carried out with intention to kill him.
4. In order to bring home guilt of accused persons, prosec
The court found that the prosecution failed to prove guilt beyond a reasonable doubt due to significant inconsistencies in witness testimonies and lack of reliable evidence, leading to the reversal o....
Attempt to murder – Intention to kill must be apparent from act of accused.
The prosecution must prove guilt beyond a reasonable doubt; insufficient evidence and contradictions in witness statements led to acquittal.
Point of Law : Obviously, enmity was existing between both the sides and some altercation is stated to have taken place which has been trid to be coloured differently by the prosecution witnesses.
Voluntarily causing hurt by dangerous weapons - Benefit of doubt given to accused – Conviction set aside - On account of enmity based on litigation, there are chances of developing a false case and t....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
The prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
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