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PATNA HIGH COURT
RAKESH KUMAR, PRAKASH CHANDRA JAISWAL, JJ
Sukan Sada – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background and contradictions in witness statements. (Para 5 , 8) |
| 2. court's findings regarding the insufficiency of evidence leading to acquittal. (Para 10 , 12 , 21) |
| 3. arguments from defense raising reasonable doubt about prosecution evidence. (Para 13 , 14) |
ORAL JUDGMENT
Date : 16-04-2019
2. Heard Mr. Arun Kumar Tripathi learned Amicus Curiae for the appellant in Cr. Appeal (DB) No. 958 of 2013 and Mr. Shyama Kant Singh learned Amicus Curiae for the appellant in Cr. Appeal (DB) No. 959 of 2013 as well as Mr. Ajay Mishra learned Addl. Public Prosecutor in the aforesaid appeals.
4. The factual matrix of the case is that Jalley P.S. Case No. 74 of 2010 was initially instituted under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and subsequently added with Section 302 of the on the basis of fardbeyan of Kailash Devi W/o Satyanarayan Sada recorded by S.I. Nand Kishore of P.S. Jalley district- Darbhanga on 17.06.2010 at 09:00 PM in referal hospital, Jalley camp with the allegation, in succinct that on 17.06.2010 at around 07:00 PM while the informant was at her house, her co- villager, namely, Sukan Sada and Ram Pukar Sada were hurling abuse taking
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