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BALESHWAR MAHTO AND ORS. V. STATE OF BIHAR AND ORS.

Baleshwar Mahto and Ors. v. State of Bihar and Ors. (2017) 3 SCC 152

ISSUE:

  • Whether the prosecution had presented sufficient and credible evidence to the death of Gangia Devi was because of a bomb explosion, considering the inconsistencies in the medical and ocular evidence presented during the trial?

RULE:

  • Medical evidence and ocular evidence must be credible, reliable, and consistent to be admissible and to establish a fact in a court of law.

FACTS:

  • On 19.11.1991, at 7:00 PM, the informant was at home when the appellants and 7-8 others arrived, abusing him, and were stopped by the informant and Shital Mahto.
  • Appellant no. 2 fired a country-made gun, and appellant no. 3 hurled a bomb, which exploded and hit Gangia Devi, causing her injury.
  • After the explosion, locals including Yogendra Mahto and Krishna Mahto gathered, pelting stones, and the appellants fled.
  • The attack stemmed from a prior land dispute between the informant and appellant no. 1’s brother, Bimal Mahto.
  • The trial court convicted the appellants under Sections 302/149, 147 IPC, Section 27 of the Arms Act, and Section 3 of the Explosive Substances Act.
  • An appeal was filed before the Patna High Court.

HELD:

  • Patna High Court set aside the judgment of conviction and order of sentence passed by the trial court and acquit the appellants from the charges levelled against them.
  • The court found that the prosecution has failed to establish the guilt of the appellants beyond a reasonable doubt.
  • Therefore, the appellants were acquitted of all charges.