BASO PRASAD AND ORS. versus STATE OF BIHAR

BASO PRASAD AND ORS. versus STATE OF BIHAR

Brijnandan Prasad alone was responsible for firing the shot that killed the deceased; prosecution proved murder against him, but failed to establish common intention amongst other accused; medical evidence was not inconsistent with ocular evidence.

Parties
Accused: Brijnandan Prasad; Accused: Baso Prasad and others; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
24 November 2006
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court
Outcome
Appeal by Brijnandan Prasad dismissed; appeals by other accused allowed.
Legal Topics
Murder, Common Intention, Evidence, Medical Jurisprudence, Arms Offences
Criminal Law Murder Common Intention Evidence Medical Jurisprudence Arms Offences

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Parties

Brijnandan Prasad

Accused

Baso Prasad and others

Accused

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether all accused were guilty of murder under Section 302/34 IPC
  2. 2 Whether medical evidence and ocular evidence were inconsistent
  3. 3 Whether benefit of doubt should be extended to other accused

Ratio Decidendi

Brijnandan Prasad alone was responsible for firing the shot that killed the deceased; prosecution proved murder against him, but failed to establish common intention amongst other accused; medical evidence was not inconsistent with ocular evidence.

Court Disposition

Appeal by Brijnandan Prasad dismissed; appeals by other accused allowed.

Orders

  • Judgment of conviction and sentence against other accused set aside; they are to be released forthwith unless wanted in any other case.
  • Criminal Appeal No.1169 of 2005 allowed.