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A. M. BADAR, SUNIL KUMAR PANWAR
Lalan Mahto, son of Laxman Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
A. M. Badar, J.
By this Jail appeal, appellant/convicted accused Lalan Mahto is challenging the Judgment and Order dated 20.10.2014 and 22.10.2014 respectively passed by the learned 2nd Additional Sessions Judge, East Champaran, Motihari, in Sessions Trial No.48/02 of 2013/013, thereby convicting him of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life with a direction to pay fine of Rs.10,000/-and in default to undergo rigorous imprisonment for three months. For the sake of convenience, the appellant shall be referred to as “an accused”.
2. Facts in brief leading to the prosecution of the accused projected from the police report can be summarized thus:
The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction under Section 302 IPC.
Section 106 of the Indian Evidence Act, 1872, states as burden of proving fact especially within knowledge - When any fact is especially within the knowledge of any person, the burden of proving that....
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
The importance of credible eyewitness testimony, reliable and clinching evidence, and the exclusion of every possible hypothesis except guilt in establishing guilt beyond reasonable doubt.
The admissibility of confessions and the necessity of establishing a conclusive chain of circumstantial evidence are crucial for conviction in murder cases. Procedural violations render confessions i....
The main legal point established in the judgment is the presumption of innocence in favor of the accused, the limited evidentiary value of statements recorded under Section 164 Cr.P.C., and the need ....
The central legal point established in the judgment is the requirement to establish the charge for the commission of an offense beyond all reasonable doubt, emphasizing the importance of credible evi....
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