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ASHUTOSH KUMAR, NANI TAGIA
Sanjay Mandal – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
1. Both the appeals (six appellants therein) have been heard together and are being disposed off by this common judgment.
2. We have heard Shri Ajay Kumar Thakur for the appellants and Mr. Binod Bihari Singh and Mr. Ajay Mishra, APPs for the State.
3. All the six appellants have been convicted under Sections 364, 302, 201, 149 and 120B IPC vide judgment dated 19.06.2017 passed by the learned District & Sessions Judge, Sheikhpura in Sessions Case No. 26 of 2016. By order dated 22.06.2017, they have have been sentenced to undergo imprisonment for life, a fine of Rs. 10,000/-and in default of payment of fine, to further suffer R.I. for two years for the offence under Section 302/149 IPC; R.I. for ten years, fine of Rs. 5,000/-and in default of payment of fine, to undergo R.I. for one year for the offence under Section 364/149 IPC. No separate sentence has been passed under Section 120(B) IPC. For the offence under Section 301/149, the appellants have been directed to undergo R.I. for three years, to pay a fine of Rs. 2,000/-and in default of payment, to further suffer R.I. for six months. The entire fine amount has been directed to be paid to the heirs of the deceased as compe
For a conviction based on circumstantial evidence, the prosecution must establish a complete chain of circumstances that unerringly point to the guilt of the accused, and confessions made in police c....
Sections 26 of Indian Evidence Act, 1872 reads Confession by accused while in custody of police not to be proved against him.
The prosecution must establish its case beyond reasonable doubt, and procedural safeguards for evidence recovery must be strictly adhered to for admissibility.
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....
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