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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Choutha Munda – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
[Sujit Narayan Prasad, J.]
1. The instant appeal has been filed under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 6th September, 1994 and order of sentence dated 9st September, 1994, passed by learned Additional Judicial Commissioner IV, Ranchi in S.T. No. 262 of 1985 by which the appellants were found guilty and convicted for the offence punishable under Sections 302/149 of the Penal Code, 1860 and was sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/149 of the Penal Code, 1860.
2. Vide order dated 09.05.2019 since appellants nos. 3 to 7 have passed away as such appeal is abated so far appellant nos. 3 to 7 are concerned.
3. As per fardbeyan of the informant, the prosecution case in brief, is that:
There was some Gair Mazarua land in the east side of the Basti (small village) of informant party, in which the dead body of Basti was used to be buried, for which, a dispute was going on in between the informant party and accused persons-Choutha Munda etc. for some period and previously there was proceeding under Section 107 of the Code of Criminal Procedure for that land, which was all
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
The court reiterated the importance of scrutinizing testimony from interested witnesses, considering the relevance of motive in establishing guilt, and disregarding minor discrepancies in witness tes....
The main legal point established in the judgment is the application of Section 34 of the Indian Penal Code to establish the shared common intention of the accused in committing the murder.
Eyewitness testimony from injured relatives is credible and can support a conviction, provided it is consistent and corroborated by medical evidence.
The credibility of witness testimonies in criminal trials requires careful scrutiny, particularly when they are related to victims, and the prosecution must establish guilt beyond a reasonable doubt.
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