Md. Ali v. The State Of Bihar
Case brief
What is this about?
High Court acquitted an appellant convicted of murder and arms act violation, setting aside the conviction due to glaring inconsistencies in prosecution witness testimonies, lack of medical corroboration, and failure to establish a reliable chain of evidence.
What did the court decide?
Judgment of conviction and sentence set aside. Appellant acquitted and directed to be released from custody.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.769 of 2016
Arising Out of PS. Case No.-183 Year-2011 Thana- ARA NAGAR District- Bhojpur
======================================================
Md. Ali Son of Md. Anish resident of village - Milki Mohalla, P.S. Ara Town, District - Bhojpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Shrivastava, Adv. For the State : Mr. S.B. Verma, APP For the Informant : Mr. Ramendra Singh, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Issues for consideration
3 issues framed by the court
Whether the evidence relied upon for conviction is reliable in view of discrepancies in witness statements.
Whether the chain of events regarding the deceased's death and transport to the hospital is credible.
Whether the prosecution has proved the identity of the shooter and subsequent events.
Parties & counsel
- appellant
Md. Ali
- respondent
The State of Bihar
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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