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VIKRAM NATH, SANDEEP MEHTA
Suresh Sahu – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent
| Table of Content |
|---|
| 1. background of the appeal and prior convictions. (Para 2 , 3 , 4) |
| 2. details of the incident leading to the charges. (Para 6 , 7 , 8 , 9) |
| 3. arguments presented by the accused-appellants. (Para 14 , 16) |
| 4. issues regarding examination of the accused under section 313. (Para 18 , 21 , 24) |
| 5. inconsistencies and credibility of the prosecution witnesses. (Para 30 , 32 , 34) |
| 6. verdict and reasoning leading to acquittal. (Para 50 , 52 , 53) |
JUDGMENT :
1. Heard.
3. Being aggrieved by their conviction and sentence, the accused-appellants preferred Criminal Appeal (DB) No. 150 of 1994 before the High Court of Jharkhand at Ranchi.4 [Hereinafter referred to as the “High Court”] During the pendency of the appeal, the sentences awarded to the accused-appellants by the trial Court were suspended and they were ordered to be released on bail. The afore-stated appeal of the accused-appellants came to be dismissed by the High Court vide judgment dated 10th February 2023, wherein the High Court modified the conviction to one under Section 302 /34 IPC and imposed a fine of Rs. 2,000 on the accused-appellants, in addition to the life imprisonment already awarded by the trial Court. The said
The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
Murder – Non-examination of Investigating Officer may cause fatal blow to prosecution.
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