Anirudh Kumar Nayak, S/o. Late Budhwa Nayak vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Jhk) 1185

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Anirudh Kumar Nayak, S/o. Late Budhwa Nayak – Appellant
Versus
State of Jharkhand – Respondent

Advocates Appeared:
For the Appellants :Mr. A. K. Kashyap, Senior Advocate, Mrs. Supriya Dayal, Mr. Anurag Kashyap, Mr. Sanjiv Kumar, Senior Advocate, Md. Shadab Ansari, Mr. Sanjeet Nayak, Mrs. Neeta Krishna, Amicus, Mr. D.K. Chakraverty.
For the Respondents: Mr. Pankaj Kumar, PP, Ms. Nehala Sharmin, Spl. P.P., Mr. Subodh Kumar Pandey.
For the Informant : Mr. D.K. Chakraverty, Mr. Gaurav Kumar.

Table of Content
1. challenge to acquittal and conviction in murder cases. (Para 1 , 2 , 3)
2. medical evidence corroborates eyewitness accounts. (Para 4 , 27 , 29)
3. empty allegations without credible evidence do not suffice. (Para 5 , 6 , 7)
4. observations on reliability and motivations of witnesses. (Para 8 , 17 , 40)
5. role of alibi and indirect evidence in proving guilt. (Para 9 , 32 , 34)
6. identification of the accused and their potential involvement. (Para 10 , 11 , 12)
7. witness testimony must be taken as a whole. (Para 14 , 16 , 18)
8. standards for evaluating conflicting witness statements. (Para 22 , 23 , 24)

JUDGMENT :

Shree Chandrashekhar, J.

Acquittal Appeal (DB) No. 29 of 2020 has been filed by Anirudh Kumar Nayak who is the informant of Namkum PS Case No.198 of 2013. He has challenged the judgment of acquittal of Bijay Nayak, Dharma Nayak, Ajay Nayak, Sikandar Nayak, and Ram @ Vijay Nayak recorded in Sessions Trial Case Nos.49 of 2014 and 102 of 2014.

2. Binod Nayak, Gurucharan Nayak, and Lalu @ Sanjay Nayak who were also put on trial along with the above-named accused have challenged their conviction under section 302/34 of the INDIAN PENAL CODE and section 27(1) of th

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2023 Supreme(Jhk) 1185

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARYAnirudh Kumar Nayak, S/o. Late Budhwa Nayak – AppellantVersusState of Jharkhand – Respondent

Cases Referred (15)

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Anirudh Kumar Nayak, S/o. Late Budhwa Nayak – Appellant
Versus
State of Jharkhand – Respondent