RONGON MUKHOPADHYAY, AMBUJ NATH
Shankar Mandal @ Shakru Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Sri Ram Prakash Singh, learned lawyer appearing on behalf of the appellant and Mr. A. K. Tiwary, learned A.P.P.
2. This appeal is directed against the judgment of conviction and order of sentence dated 22.07.2010 passed by Sri R. S. Shukla, learned Additional Sessions Judge, F.T.C-V, Godda in connection with S.C. No. 100/2008, arising out of Boarijore P.S. Case No. 30/2005, corresponding to G.R. No. 332 of 2005, holding the appellant guilty for the offences under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act and thereby sentencing him to undergo imprisonment for life alongwith a fine of Rs.5000/- for the offence under Sections 302/34 of the Indian Penal Code and in default of payment of fine he was further directed to undergo R.I. for six months, the learned court below further sentenced the appellant to undergo imprisonment for three years for the offence under section 27 of the Arms Act, both sentences were ordered to run concurrently.
3. Prosecution case was instituted on the basis of fardbeyan of the informant Sardi Mandal (P.W.5) dated 31/03/2005, alleging therein that on the night of 30-31/03/2005, at about 01:00 A.M, he alongwith
The main legal point established in the judgment is the reliance on the consistency of the informant's testimony, corroboration by material particulars, and medical evidence to establish guilt beyond....
The admissibility of dying declaration and the application of the last-seen theory in establishing guilt in a murder case.
The main legal point established in the judgment is the analysis of evidence, including oral and documentary evidence, and the testimony of witnesses, to determine the sustainability of the judgment ....
The central legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, and the court's duty to carefully scrutinize the evidence presen....
The consistent and trustworthy testimonies of eyewitnesses, supported by medical evidence, are crucial in establishing guilt beyond reasonable doubt in a murder case.
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