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SUDHIR SINGH, CHANDRA PRAKASH SINGH
Shankar Pandit S/o Lali Khiju Pandit – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the appellants and learned A.P.P. for the State.
2. By the judgment of conviction dated 05.09.2018 and the order of sentence dated 07.09.2018/13.09.2018 passed by Sri Tribhuvan Nath, Additional Sessions Judge-1st-cum-Special Judge (SC/ST and POCSO Act), Munger in Sessions Trial No. 12/2013 arising out of Kharagpur P.S. case No. 58/2010/C.S. No. 2441/2013 whereby and whereunder the appellant Shankar Pandit (Cr. Appeal No. (D.B.) No. 1355 of 2018) and the appellant Paltu Kumar Pandit @ Surendra Kumar Pandit @ Ramkumar Pandit (Cr. Appeal (D.B.) No. 1338 of 2018) have been convicted for the offences under Sections 302/149 of the Indian Penal Code (hereinafter referred to ‘I.P.C.’) and sentenced to undergo rigorous imprisonment till death and a fine of Rs. 50,000/-and in default of payment of fine, they have been directed to further undergo additional simple imprisonment for six months. It was further directed that the period of custody undergone by the appellants during the course of trial shall be set off under the provisions of Section 428 of the Cr.P.C. Further, by the judgment of conviction dated 05.09.2018 and the order of sentence dated 18.09.
The prosecution must establish the place of occurrence, presence of witnesses, and identification of the accused beyond all reasonable doubts. Prompt lodging of the FIR and examination of the Investi....
The prosecution must prove its case beyond reasonable doubt; inconsistencies and lack of independent witnesses can lead to quashing of conviction.
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, including the place of occurrence and the examination of crucial ....
The court upheld the conviction based on circumstantial evidence, establishing a clear motive and reliable witness testimonies linking the appellant to the murder.
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