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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Sahay Laung – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant appeal is against Judgment of conviction and Order of sentence dated 28.07.1994 and 02.08.1994 respectively passed by the Additional Judicial Commissioner, Khunti in Sessions Trial No. 527 of 1987/T.R. No. 144/1993, whereby and whereunder, the appellant, namely, Sahay Laung has been convicted under Section 302/34 and Section 201 of the Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life for the commission of offence under Section 302/34 of the Penal Code, 1860 and further rigorous imprisonment for four years for the offence under Section 201 of the Penal Code, 1860 and both the sentences have been directed to run concurrently.
2. The prosecution story as per the F.I.R., in brief is that on 05.09.1985, the informant, namely, Munni (wife of the deceased) and her husband had gone to the house of her brother Mangru Munda in evening. The deceased, Bayar Ram Munda went out from there saying to return in a short while. But he never returned. Since then, she along with her brother and brother-in-law remained in search of the deceased but did not find him. On Monday, Sanha was lodged about missing of the deceased. In course o
For a conviction based on extra-judicial confession, corroborative evidence is essential, and any substantial contradictions in testimonies undermine its reliability.
Extra-judicial confessions are weak evidence requiring corroboration and should be credible; reliance on insufficient evidence led to the appellant's acquittal.
.
The conviction based on circumstantial evidence must prove guilt beyond reasonable doubt, requiring reliable and corroborated extrajudicial confessions.
It is a settled legal proposition that conviction of a person accused of committing an offence, is generally based solely on evidence that is either oral or documentary, but in exceptional circumstan....
The judgment emphasizes the requirement for complete and unimpeachable evidence to prove guilt beyond reasonable doubt in a case of circumstantial evidence.
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