In Ranjay Yadav vs. The State of Bihar and Sunil Yadav vs. The State of Bihar, Patna High Court's division bench of Justices Vipul M. Pancholi and Alok Kumar Pandey concluded: "we are of the view that the prosecution has failed to prove the case against the appellants beyond reasonable doubt and, therefore, benefit of doubt is required to be given to the appellants herein. We are, therefore, of the view that the Trial Court has committed an error while passing the impugned judgment of conviction and order of sentence against the appellants. Hence, the same is required to be quashed and set aside. Accordingly, both these appeals stand allowed."
Both the appeals were filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction passed by the court of Presiding Officer, F.T.C.-I, Nalanda, Biharsharif in Sessions Trial, whereby the court convicted the appellants for the offences punishable under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000 for the offence punishable under Sections 302/34 of the Indian Penal Code and in default of payment of fine, the appellants had to undergo rigorous imprisonment or a period of three years. The appellants are further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000 for the offence punishable under Section 27 of the Arms Act and in default of payment of fine, the appellants were to undergo rigorous imprisonment for three months. Both the sentences were directed to run concurrently.
The High Court recorded that the prosecution has failed to produce the inquest report of both the deceased. The post-mortem reports of both the deceased was also not duly exhibited. The doctor deposed with regard to the post-mortem of deceased Leela Devi only and there was no reference with regard to the post-mortem conducted by the said witness on the dead body of deceased Saryug Yadav. "Thus, we are of the view that the prosecution has failed to prove that death of Saryug Yadav was a homicidal death."
The High Court quashed and set aside the common judgment of conviction dated August 10, 2018 and order of sentence dated August 18, 2018, passed by the Presiding Officer of F.T.C. No.-I, Nalanda, Biharsharif in Sessions Trial. The appellants were acquitted of the charges levelled against them by the Trial Court.
Both the appellants who were in jail were directed to be released from jail custody forthwith, if their presence is not required in any other case. The judgement was authored by Justice Pancholi.
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