Back
SUJIT NARAYAN PRASAD, SUBHASH CHAND
Umesh Mahto – Appellant
Versus
State Jharkhand – Respondent
JUDGMENT
Sujit Narayan Prasad, J.—The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 25.04.2017 and order of sentence dated 29.04.2017 passed by the learned Additional Sessions Judge 2nd F.T.C. Bermo at Tenughat in Sessions Trial No. 286 of 2011, by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and also for payment of fine of Rs. 5000/- and in case of default of payment of fine further to undergo R.I. for six months. Further, the appellant was also directed to pay Rs.5,00,000/- (Five lakhs) to Bhoni Mahto (P.W. – 10-Father of the deceased) as compensation amount.
2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, which reads as under:—
Fardbeyan of the informant-Umesh Kumar (P.W. 7), the brother of the deceased, has been recorded at the place of occurrence on 08.01.2011 at 08.00 pm at Khuta More (Surahi-
The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adeq....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
The absence of corroborative evidence from reliable witnesses and the failure of the prosecution to establish a motive led to the overturning of the conviction based on circumstantial evidence.
The application of the last seen doctrine and the burden of proof under Section 106 of the Evidence Act in establishing the guilt of the accused in a murder case.
The judgment emphasizes the requirement for complete and conclusive circumstantial evidence to establish guilt beyond reasonable doubt in criminal cases.
In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
Point of Law : Contradictory statements regarding extra judicial confession made by the accused/appellant, we are of the view that such type of extra judicial confession has no such value in the eye ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
