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Supreme Court of India 2022-01-07 partly_allowed

RAJESH PRASAD vs THE STATE OF BIHAR AND ANR. ETC

Bench: 3 — L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna

In Brief

On 10 March 2005, bombs were hurled in Munger, Bihar, killing two people. A Fast-Track Court convicted three accused of murder and criminal conspiracy, sentencing two to death and one to life imprisonment. The High Court reversed the convictions, acquitting all accused, citing serious contradictions in witness statements, lack of credible corroboration, and the informant's failure to support the prosecution case during trial. The Supreme Court upheld the acquittal, holding the High Court correctly applied cautious appellate review principles and found the conviction unsafe. However, it set aside the High Court's direction to initiate perjury proceedings against the informant, as the two deaths had not been proven beyond reasonable doubt.

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Criminal Law Murder Evidence Appeal Against Acquittal Credibility of Witnesses Penal Law

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