SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Anil Yadav, son of Sri Jadunandan Yadav – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Shree Chandrashekhar, J.
The appellants of these criminal appeals have faced the trial for the charge under sections 302/149, 307/149 of the Indian Penal Code and section 27 of the Arms Act.
2. During pendency of these criminal appeals, Sanjay Yadav who is the appellant No. 2 in Cr. Appeal (DB) No. 575 of 2012 passed away.
3. By an order dated 28th February 2023, IA No. 9898 of 2022 filed in Cr. Appeal (DB) No. 575 of 2012 has been allowed and this criminal appeal qua Sanjay Yadav has abated.
4. In ST No.70 of 1998, the surviving appellants have been convicted and sentenced to imprisonment for life under section 302/149 of the Indian Penal Code. Anil Yadav who is the sole appellant in Cr. Appeal (DB) No. 580 of 2012 has been further convicted and sentenced to RI for 5 years under section 27 of the Arms Act.
5. Mahagama P.S. Case No. 64 of 1997 was lodged on the basis of the fardbeyan of Vinod Yadav recorded by the officer-in-charge of Mahagama Police Station at 09:20 AM on 16th August 1997 at village Dharmodih. The informant has stated in his fardbeyan that Anil Yadav, Lalan
Adalat Pandit v. State of Bihar
Ananta Kathod Pawar v. State of Maharashtra
Behari Prasad v. State of Bihar
Joseph v. State Rep. by Inspector of Police
The judgment established the importance of reliable witness testimony, the impact of vicarious liability under section 149 of the Indian Penal Code, and the need for specific evidence to establish gu....
The court ruled that evidence from interested witnesses is credible if consistent and supported by circumstances, necessitating careful evaluation of roles in unlawful assemblies under IPC.
The appellate court can set aside a trial court's finding of acquittal if it finds that the finding is perverse and against the weight of evidence.
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.