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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Som Soren – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Shree Chandrashekhar, J.
The sole appellant has been convicted and sentenced to R.I for life and a fine of Rs. 2,000/ - under section 302 of the Indian Penal Code, with default stipulation to suffer further R.I for 3 months.
2. In S.C. No.238 of 2008 corresponding to T.R. No.56 of 2010, the appellant has faced the trial on the charge of committing murder of Bajal Murmu in prosecution of common object of the unlawful assembly. In Boarijore (Lalmatiya) P.S. Case No.26 of 2008 which was lodged on 29.02.2008, Som Soren, the appellant, was an accused alongwith Sufal Hembram, Chota Ougo Hembram, Bara Ougo Hembram, Dhubo Hembram and Kargo Soren @ Chajja Soren. The wife of Bajal Murmu gave her fardbeyan at 07:00 PM on 29.02.2008 at village Babupur on the basis of which the First Information Report was lodged under section 302/34 of the Indian Penal Code against the above-named accused. In her fardbeyan which was recorded by N.K. Sah, S.I. of Lalmatiya P.S., Talamai Marandi has stated that on 29.02.2008 she had gone to Hatia with her husband and while returning home when they reached Dorma Chowk at about 05:00 PM they saw that the accused were standing near the bicycle shop of Prade
The main legal point established in the judgment is that the prosecution must establish the accused's shared common intention with others to commit the offence, as required by section 34 of the India....
The judgment established the importance of proving common intention and individual culpability in cases of collective criminal actions, emphasizing the need for evidence of pre-arranged concert and i....
The court modified convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
The main legal point established in the judgment is the application of section 149 of the Indian Penal Code in determining the liability of individuals as members of an unlawful assembly and the asse....
The central legal point established in the judgment is the application of joint liability under section 34 of the Indian Penal Code, supported by precedents, to attribute criminal responsibility to t....
The main legal point established in the judgment is the application of legal provisions under the Indian Penal Code, particularly the distinction between murder and culpable homicide not amounting to....
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