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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Santosh Rai S/o Kalicharan Rai – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Santosh Rai who faced the trial on the charge under sections 302, 323 and 341 of the Indian Penal Code has been convicted and sentenced for the aforesaid offences in Sessions Trial No. 92 of 2006.
2. The convict has challenged the judgment dated 18th August 2012 passed in Sessions Trial No. 92 of 2006 by filing the present criminal appeal under section 374(2) of the Code of Criminal Procedure.
3. During the trial the prosecution examined nine witnesses out of whom PW-1 Pramila Devi is the wife, PW-2 Mahadev Rai is the son and PW-3 Dhaneshwar Rai and PW-4 Ram Rai are close relatives of Susen Rai. They have been projected as star witnesses for the prosecution - they are eyewitnesses.
4. The appellant set-up a defence of false implication on the ground of previous land dispute with Susen Rai and in support thereof has examined DW-1 Ashok Lohar who has deposed in the Court that while catching fish in the river Susen Rai fell on the stone and sustain head injury.
5. The Principal District and Sessions Judge at Saraikella Kharsawan has accepted the prosecution evidence and held that the testimony of DW-1 being in sharp contradiction to the medical evidence is not reliable and accep
The credibility of witnesses and the establishment of guilt beyond reasonable doubt are crucial in criminal cases.
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 judgment emphasizes the importance of eyewitness testimony, medical evidence, and the application of legal provisions in establishing guilt and justifying the conviction and sentence.
The main legal point established in the judgment is the application of legal provisions under the Indian Penal Code, particularly the distinction between murder and culpable homicide not amounting to....
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....
Murder and attempt to murder – In a case of free fight between parties where both parties have sustained injuries, benefit of Section 4 of Probation of Offenders Act, 1958 can be extended.
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
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....
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