Back
SUJIT NARAYAN PRASAD, RATNAKER BHENGRA
Badri Turi, son of Jodo Turi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.)
The instant appeal is against the judgment and order of acquittal dated 28.07.2012 passed by the learned District and Additional Sessions Judge-II, Giridih in S.T. No.412/04 arising out of Bengabad P.S. Case No.58/04 corresponding to G.R. No.1165/04, whereby and whereunder, the respondent nos.2 and 3, namely, Manoj Paswan and Naresh Paswan respectively have been acquitted of the charge under Section 302/34 of the Indian Penal Code.
2. The prosecution version, as per the first information report reads as under:-
As per the fardbeyan of Badri Turi recorded by the then S.I. cum officer-in-charge of Bengabad Police Station on 08.07.2004 at about 11:00 a.m. at Fulwatand Near Railway bridge no.26 that his second son Ramgobind Turi, aged about 22 years had been working in the State of Kerala for two years and on 05.07.2004, Ramgobind Turi had made a telephonic information that he would arrive at this home on 08.07.2004 at about 7:00 a.m. One Satya Narayan Singh, son of Ishwari Singh, had informed his co-villagers that in the night on 07.07.2004 at about 10:00 p.m. while he himself along with his maternal brothers, Nakul Singh and Ramgobind Turi (deceas
Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.
The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence and delayed FIR weaken the case, necessitating independent corroboration.
The presumption of innocence is paramount in criminal trials; an acquittal should only be overturned if the prosecution proves guilt beyond reasonable doubt, which was not demonstrated in this case.
The conviction cannot stand if eyewitness testimony is contradictive and lacks corroboration, underscoring the necessity for reliability in criminal prosecutions.
The main legal point established in the judgment is that the prosecution must prove the charges against the accused beyond all reasonable doubts, and material contradictions in evidence can render ey....
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....
Conviction under IPC 302/34 upheld on reliable sole eyewitness testimony corroborated by medical evidence and witnesses, despite minor discrepancies and non-examination of investigating officer/docto....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
