Sustainability of Acquittal

Sections 302 and 149 IPC 

Indian Evidence Act,  Section 3 

Acquittal Sustainability of 

Perusal of evidence 

Testimony of eyewitness unreliable in view of testimony of another witness that everyone reached at spot after her. 

When witnesses reached on spot, they found deceased in injured condition. 

Entire evidence of so called eye witnesses rendered unreliable, since no medical report produced, though three stitched wounds found on body of deceased. 

Eight persons indiscriminately assaulted deceased with lathi but only three injuries found on body. 

Manner and place of occurrence not proved. 

Acquittal upheld. 

[Paras 20, 22 and 24]

Ram Rati Devi vs The State Of Bihar 

CRL-A 1321/18 01/10/21 

[ Dinesh Kumar JJ ]

[ PATNA HIGH COURT ]