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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Sanjiv Kumar Singh @ Sanjiv Kumar S/o Shri Satyendra Kumar – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Barun Singh, Kishore Kumar Singh and Sanjiv Kumar Singh @ Sanjiv Kumar have challenged the judgment dated 4th May 2012 passed in Sessions Trial No. 44 of 2002 by filing separate Criminal Appeals vide Criminal Appeal (DB) No. 904 of 2023, Criminal Appeal (DB) No. 905 of 2023 and Criminal Appeal (DB) No. 906 of 2023.
2. B.S. City P.S. Case No. 90 of 1999 was lodged against the appellants and unknown accused persons on the basis of the fardbeyan of Manoj Kumar which was recorded by the Inspector of Police of B.S. City Police Station on 20th March 1999 at about 02:00 hrs. at Bokaro General Hospital, Bokaro. In his fardbeyan, the informant who was injured in the occurrence has stated that at around 08:45 PM in the evening of 19th March 1999 his neighbours Barun Singh and Kishore Kumar Singh came to his house and he went with them to the nearby Teraha (a tri-junction of roads). He saw that Sanjiv Kumar Singh was waiting there carrying a sword with which Barun Singh attacked him. So he tried to save himself and ran towards his house, when Barun Singh fired a shot which missed him. According to the informant, the reason for the occurrence was that he had advised Barun Singh not to
The reliability of eyewitness testimony, the distinction between minor discrepancies and contradictions in witness testimony, and the need for careful assessment of witness credibility were central t....
The main legal point established in the judgment is that the appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing hurt using firearms during an altercation, base....
(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of....
The main legal point established in this judgment is that the prosecution must prove the intention to cause death in order to convict the accused under Section 307 IPC. If the intention to cause deat....
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
The central legal point established in the judgment is the application of joint liability under section 34 of the Indian Penal Code, supported by precedents, to attribute criminal responsibility to t....
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
The prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
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