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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Mulur Mahto @ Mullar Mahto @ Ramsudish Mahto, S/o. Ram Narayan Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Sudhir Singh, J.
Heard the learned counsel for the appellant and learned A.P.P. for the State.
2. The present criminal appeal has been preferred against the judgment of conviction dated 16.05.2017 and the order of sentence dated 18.05.2017 passed by Shri Arvind Kumar Pandey, Additional Sessions Judge 2nd, Motihari, East Champaran in Sessions Trial No.473 of 1995/ 31 of 2017 arising out of Govindganj P.S. case No.23 of 1995, whereby and whereunder the appellant has been convicted under Sections 376 and 302 r/w 34 of the Indian Penal Code (referred to ‘I.P.C.’) and has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- for the offence under Section 376 of I.P.C. and in default of payment of fine, further imprisonment for six months and the appellant has been sentenced to undergo imprisonment for life with fine of Rs.10,000/- for the offence under Section 302 r/w 34 of I.P.C. and in default of payment of fine, further imprisonment for six months. Both the sentences have been directed to run concurrently.
3. The prosecution case, as per the fard beyan of informant Rama Shankar Prasad (P.W.11) recorded by S.H.O., Govindganj Police Station on 19
The main legal point established is the admissibility and relevance of the accused's confessional statement leading to the discovery of evidence under Section 27 of the Indian Evidence Act in establi....
Convictions based on circumstantial evidence must establish a reliable chain linking the accused to the crime beyond reasonable doubt.
Another important aspect to be considered in a case resting on circumstantial evidence is the lapse of time between the point when the accused and deceased were seen together and when the deceased is....
The main legal point established in the judgment is the application of circumstantial evidence, including the 'last seen theory', recovery of the body from exclusive possession, and the significance ....
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