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SUBHASH CHAND
Longra Pawariya S/o Late Chunda Pawariya – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUBHASH CHAND, J.
1. This criminal appeal has been preferred against the judgment of conviction dated 19.01.2011 and order of sentence dated 21.01.2011 passed in Special Case No. 36 of 2007 by the learned 1st Additional Sessions Judge, Rajmahal, District Sahibganj whereby the learned court below had convicted the appellant for the offence under section 326 of the Indian Penal Code and sentenced with rigorous imprisonment of six years and a fine of Rs. 1,000/-. In default of payment of fine the appellant/convict was directed to undergo additional simple imprisonment of three months.
2. The brief facts of prosecution case leading to this criminal appeal are that the informant Pandu Hembram had given the written information with these allegations that on 22.06.2006 in the morning he alongwith Somai Hembram, Saiba Hembram, Fudan Hembram and others had gone for hunting in the hillock and hunted one wild cat (banbillar). They brought the wild cat and in preparing Khichri in the night, at about 11:30 O'clock, Longra Pawaria and Baijul Murmu came at the place where the Khichri was being prepared. They demanded their share in the Khichri while they had not participated in the huntin
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The injured eye-witnesses' testimonies were accorded a special status in law, and the court relied on their evidence to establish guilt.
The court established that eyewitness testimony, when corroborated by medical evidence, can be sufficient to uphold a conviction for murder, even in the presence of potential delays in filing an FIR.
[The court established that in cases of sudden quarrel without premeditation, the appropriate charge may be modified from murder to culpable homicide not amounting to murder, emphasizing the importan....
The main legal point established in the judgment is the importance of intention and knowledge in determining the offence under Section 307 IPC, the principles of vicarious liability under Section 34 ....
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