PATNA, India, May 6 -- Patna High Court issued the following judgment on April 2:
1. The present appeal has been preferred by the wife of the deceased and daughter-in-law of the informant under proviso to Section 372 of the Code of Criminal Procedure (in short 'CrPC'), 1973 (since repealed).
2. Challenge in this appeal is to the judgment of acquittal dated 28th March, 2023 (hereinafter referred to as the 'impugned judgment') passed by learned 3rd Additional Sessions Judge-cum-Special MP/MLA/MLC Court, Saran at Chhapra (hereinafter referred to as the 'learned trial court') in Sessions Trial No. 552 of 2007 arising out of Kopa P.S. Case No. 54 of 2007 registered under Sections 302, 120B, 201/34 of the Indian Penal Code (in short 'IPC') by which the accused-respondent no.2 who was facing trial under Sections 302/34, 201/34 and 120B/34 IPC has been acquitted.
3. By the impugned judgment, the learned trial court has held that the prosecution has failed to prove the last seen theory against the accused Rajesh Ram, therefore, the onus of explaining special knowledge as envisaged under Section 106 of the Evidence Act (since repealed) would not arise. The learned trial court has further held that the prosecution has failed to prove the guilt of the accused by establishing the chain of circumstantial evidence and no motive of the accused to cause death of the accused has been proved. It has also been held that on the basis of medical evidence as well as the evidence on the facts, the homicidal death of the deceased Tarkeshwar Singh has not been proved.
4. In its ultimate analysis, the learned trial court declared that because of lack of evidence to prove the charges, the accused Rajesh Ram is given benefit of doubt and he stands acquitted of the charges framed against him under Sections 302/34, 201/34 and 120B/34 of the IPC.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NSM1MTcjMjAyMyMxI04=-JBHGL6oBPhQ=)
Disclaimer: Curated by HT Syndication.
