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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Raju Mahto, son of Late Kishun Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Shree Chandrashekhar, J.)
Mandar PS Case No. 43 of 2012 was lodged on 03.04.2012 against Narayan Sahu, Raju Sahu, Raju Mahto and Lalu Mahto, on an allegation of committing murder of Renu Mahto in furtherance of common intention. After the investigation Lalu Mahto and Raju Mahto were sent up for trial while final form was submitted in favour of Narayan Sahu and Raju Sahu, which was accepted by the learned Trial Court. Lalu Mahto and Raju Mahto are convicted and sentenced to RI for life and a fine of Rs. 10,000/- each under section 302 read with section 34 of the Indian Penal Code with a default stipulation to undergo further RI for one year.
2. In his fardbeyan which was recorded on 03.04.2012 at around 10:00 AM at RIMS, Ranchi in the unit of Dr. Anil Kumar, Vijay Mahto has stated that on occasion of puja (Ramnavmi festival) on 02.04.2012 several persons had assembled for organizing the function. In the morning around 10:30 AM, at the instigation of Narayan Sahu and Raju Sahu his father was assaulted by Raju Mahto with tangi and Lalu Mahto with lathi. His injured father was taken to Mission Hospital, Mandar and then to RIMS, Ranchi where he succumbed to the injuries next
The medical evidence is a corroborative piece of evidence for the prosecution, and the applicability of Exception 4 to section 300 of the Indian Penal Code must be considered in cases of sudden fight....
The central legal point established in the judgment is the requirement to establish the charge for the commission of an offense beyond all reasonable doubt, emphasizing the importance of credible evi....
The credibility of witnesses and the establishment of guilt beyond reasonable doubt are crucial in criminal cases.
The court upheld the conviction of one appellant for murder based on credible eyewitness testimony and medical evidence, while acquitting the other due to insufficient evidence linking him to the cri....
The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable do....
The court established that in cases of sudden altercations without premeditation, the appropriate charge may be reduced from murder to culpable homicide not amounting to murder under Section 304 Part....
The main legal point established in the judgment is the application of the principle of common intention in determining the appropriate conviction for the accused, considering the lack of evidence es....
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