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J. K. MAHESHWARI, ARAVIND KUMAR
Nimai Ghosh – Appellant
Versus
State Of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. initial conviction and details of murders which underpin the subsequent appeal. (Para 1 , 2 , 6) |
| 2. facts surrounding the incident including eyewitness accounts that were used to charge the appellants. (Para 3 , 4 , 5 , 7) |
| 3. discussion on the reliability of eyewitness testimony and challenges to its credibility. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's emphasis on the necessity of trustworthy eyewitness testimony. (Para 13 , 14 , 15 , 16) |
| 5. final judgment restoring prior acquittal and thoroughly critiquing evidential basis of prior convictions. (Para 18 , 23 , 24 , 25) |
JUDGMENT :
J.K. Maheshwari, J.
1. Challenging the findings recorded by High Court of Jharkhand in judgment dated 02.08.2012 passed in Government Appeal (DB) No. 31 of 1998, convicting the appellants for the charges under Section 302 /34 of INDIAN PENAL CODE , 1860 (in short ‘IPC’) and Section 27 of the ARMS ACT , 1959, by setting-aside the judgment of acquittal dated 02.04.1998 of Additional Sessions Judge, Pakur, in Sessions Trial No. 148 of 1990, the present appeal has been preferred by the accused-appellants.
2. The necessary facts in brief are, P.S. Case No. 127/89 was registered by Shyama Ram, A.S.I.,
(1) Murder – Once eyewitnesses do not recognize presence of chance witnesses at the time of occurrence, then their testimonies become unrealistic and concocted.(2) Appreciation of evidence – Quality ....
Point of law: Every person who witnesses a murder reacts in his own way. Some are stunned, become speechless and stand rooted to the spot. Some become hysteric and start wailing. Some start shouting ....
The court emphasized the unreliability of eyewitness testimony from related witnesses, especially when recorded after significant delays, leading to the acquittal of the accused.
Section 162 of the CrPC states as Explanation. - An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be sign....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
(1) Murder – In a situation when there is a group attack which lasted for only a few minutes, it is unreasonable to expect an eye-witness to recount each fact in mathematical detail.(2) Defective inv....
A reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense – It must grow out of evidence in the case – When a reasonable doubt arises in a matter, benefit o....
Conviction for mass murder under 302/149 IPC set aside due to unreliable, contradictory ocular evidence from related witnesses; doubtful night identification, improbable presence/story; benefit of do....
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
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