VIJAY SINGH @ VIJAY KR. SHARMA versus THE STATE OF BIHAR
The prosecution failed to prove the foundational facts and the chain of circumstantial evidence required for conviction: ocular witnesses were unreliable or improbable, foundational facts such as residence of the deceased were not proved, and the post-mortem time contradicted the ocular account; further, the High Court erred in reversing acquittals without finding illegality or perversity in the Trial Court's conclusion. Therefore the convictions by the Trial Court and the High Court were not sustainable and all accused were acquitted.
Source excerpt
- Murder
- Abduction
- Circumstantial evidence
- Reversal of acquittal
- Motive
- Burden of proof beyond reasonable doubt